Elliott v. Topp

Citations

• 63 Miss. 138

Syllabus

<p>Wii/l. To bo executed as written. Mistake by testator. Intention.</p> <p>The plain provisions of a last will and testament must be executed as written, even though it be evident that the result W'ill not be what the testator contemplated or desired; as, where a testator, who died in 1862, charged his estate, in favor of his adult children, with legacies to be paid before anything should be given to his minor children (he believing his estate ample to make provision for all), this provision must be carried out, though, by reason of the war, his estate has been so reduced that the payment in full of the legacies to the adults will leave nothing for those who were minors.</p>