Cohn v. McClintock

Citations

• 107 Miss. 831
• 66 So. 217

Syllabus

<p>Executors and Administrators. Trust necessity of presentation of claims. Trust for payment of debts. Provision of will.</p> <p>A will providing: First, “My will is that all my just debts and funeral expenses by my executors hereinafter named, to be paid out of my estate as soon after my death as shall by them be found convenient,” and second, “After payment of my debts by my executors, who are also trustees herein, a one-sixth interest each of my said estate shall be paid over to my said children from the cash on hand, and as soon as the sale of any property is consummated,” did not create an express trust for the payment of debts, rendering it unnecessary for a creditor to have his debts probated and registered within one year after the first publication of notice to creditors as required by Code 1906, section 2107. Since the first clause meant only to direct his executors to pay his debts, which they were required to do by law, the second clause merely directed the payment of debts in preference to the distribution of the estate and this too, was the duty of the executors under the law.</p>