Hagan v. Barksdale

Citations

• 44 Miss. 186

Syllabus

<p>1. Last wnm and testament — Authority of executor. — Where a testator directs in his will, that all his property of all kinds shall be kept in the hands of his executor until all his children shall become of age, but allowing each to withdraw his portion as he comes of ago, and directs that the executor shall continue to cultivate his lands with the negroes ho then owned, and the crops, after paying the expenses of the plantation, and tho clothing and oducalion of his children, to be applied to the purchaso of nogroes, and such other property as the wants of his family might require ; tho executor derives no authority to create debts which will bind either the estate devised, or the devisees or legatees.</p> <p>Same. — Tho common law, as affirmed by repeated decisions of this court, is, that an executor or administrator has gonerally no power to create liabilities or to impose burdens on tho ostate; and if the oxecutor would create any liability with which to charge either the estate, tho legatees or devisees, his power to do so should clearly appear in the will.</p>