Cady v. Cady
Mississippi Supreme Court
From the chancery court of Lowndes county. Hon. T. B. Graham, Chancellor. The opinion states the facts. 1. The devise to Robert E. Cady lapsed by the death of Adella prior to the testator’s death, and therefore the legacies in item 6 of the will lapsed. The devise to him and Julia Riddick in item 6 was a joint personal charge and not a charge upon the land specifically devised; nor was it a charge upon the residuary estate.
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From the chancery court of Lowndes county. Hon. T. B. Graham, Chancellor. The opinion states the facts. 1. The devise to Robert E. Cady lapsed by the death of Adella prior to the testator’s death, and therefore the legacies in item 6 of the will lapsed. The devise to him and Julia Riddick in item 6 was a joint personal charge and not a charge upon the land specifically devised; nor was it a charge upon the residuary estate. See Malone v. Manning, 40 Miss. 247; Evans v. Fisher, lb. 644. By accepting the devis'e, the devisee impliedly promises to pay the legacy charged upon it. He can be sued…
1Opinion of the CourtCooper, J.
This is a bill exhibited by a legatee to enforce payment of his legacy by fixing a charge upon certain real estate devised by the testator.
The testator, William Cady, at the time of his death had three living children, William, James M., and Mary Adella. Two grandchildren of his deceased wife, who were infants of tender years and orphans, were members of his family, and he stood to them in loeo parentis.
By the first clause of his will, the testator appointed James B. Bell his executor, and trustee of that portion of his estate devised to his son William Cady.
By the second clause he gave to…
2Cases cited2 opinions
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- Turner v. TurnerMississippi Supreme Court · 1880
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