Corley v. Bishop

Citations

• 101 Miss. 490
• 58 So. 360

Syllabus

<p>1. Wins. Testamentary trustee. Power of sale. “Proceeds.”</p> <p>If a sale of the real estate is necessary to carry out the purpose of the testator, the power of the testamentary trustee to make the sale will be given by implication as otherwise the intention of the testator might be defeated.</p> <p>2. Same.</p> <p>Where under the provisions of a will the duty was imposed upon a testamentary trustee to distribute the “proceeds” of real and • personal property equally between the beneficiaries, from the use of the Word “proceeds” the inference must be that a sale of the ' property was implied.</p>