Henry v. Henderson
Mississippi Supreme Court
From the chancery court of Leflore county. Hon. A. Me. Kimbrough, Chancellor. Mrs. Henry and others, appellants, were complainants in the court below; Henderson, executor, was defendant there. From the final decree rendered in the cause by the court below the complainants appealed to the supreme court, and the defendant prosecuted a cross-appeal.
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From the chancery court of Leflore county. Hon. A. Me. Kimbrough, Chancellor. Mrs. Henry and others, appellants, were complainants in the court below; Henderson, executor, was defendant there. From the final decree rendered in the cause by the court below the complainants appealed to the supreme court, and the defendant prosecuted a cross-appeal. The case was once before in the supreme court, on appeal by Mrs. Henry and others, complainants, from a decree sustaining a demurrer to the bill of complaint. The decision then' made, reversing the decree, is reported, Heivry v. Henderson, 79 Miss.,…
1Opinion of the CourtWTiiteield, C. J.
The facts in this case show very careful and wise management on the part of this executor. He was acting throughout strictly within the very large discretion given him by the testatrix. She manifestly reposed unbounded confidence in him, and gave him almost unlimited power. We think his conduct justified that confidence. The only matter, therefore, left for consideration is to point out the proper construction of the will, so far as called for by the facts of this case. When the testatrix, by the second codicil, provided that the legal title to the land devised by the first codicil to…
2Cases cited5 opinions
- Kearney v. . CruikshankNew York Court of Appeals · 1889
- Heizer v. HeizerIndiana Supreme Court · 1880
- Chase v. DarbyMichigan Supreme Court · 1896
- Blight v. BlightSupreme Court of Pennsylvania · 1866
- Mather v. KinikeSupreme Court of Pennsylvania · 1866
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- State Ex Rel. Chamberlain v. JohnstoneNorth Dakota Supreme Court · 1935
- Brown v. Koffman's Admrs.Court of Appeals of Maryland · 1910
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