Gordon v. McDougall

Citations

• 84 Miss. 715

Syllabus

<p>1. Wills. Construction. Express trust. Payment of debts.</p> <p>A will creates an express trust for the payment of the testator’s debts, which' by its various items provides (1) for the payment of the debts as soon as it can be done without injury to the estate;</p> <p>(2) for the payment of one hundred dollars and an annuity to a servant; (3) that the testator’s widow shall have all of his personal property during her life, with power to sell and dispose of .it as she might see fit, but in such event the proceeds to be placed in the corpus of the estate, subject to the provisions of the will; (4) for the sale of encumbered real estate in another state “as soon as can be done without too great loss,-” with discretion to lease or sell at public or private sale and authorizing the extension of the payments due on the property or the renewal or execution of other judicious loans and mortgages to pay the encumbrance; (5) full power for the executors to carry on and cultivate the testator’s plantations or to lease or sell any and all real or personal property of the testator in this state, which may be deemed expedient to pay debts, but directing certain pieces of land to be reserved until the last; (6) that the widow shall claim no allowance and charge no commissions for services rendered the estate, but shall be allowed a reasonable amount for the support of herself, family, and household, to be charged against testator's estate and be decided by her own judgment; (7) that the executors shall, “subject to the foregoing articles,” have the entire control of the estate, and the widow the entire use of the income, rents, and profits thereof for her life, with power to dispose of one-fourth of the estate remaining at her death by will, in default of which the one-fourth was to remain a part of the estate; and (8) for the disposal of the remainder of the estate, subject to the life estate of the widow.</p> <p>3. Same. Code 1892, § 1838. Statute of limitations on probatin