Leigh v. Harrison

Citations

• 69 Miss. 923

Syllabus

<p>1. Limitation upon Estate. Equitable life-estates. Liability for debts.</p> <p>A bequest of the interest or dividends of personal property, or of the rents or income of land, to be used for the support of the donee for life, free from liability.for his debts, is valid. The enforcement of such a limitation does not violate any rule of public policy, or interfere with the rights of creditors of the donee.</p> <p>2. Same. Bestriction upon alienation. Equitable life-estates.</p> <p>The ordinary doctrine that a restraint upon alienation is inconsistent with an estate in land has no application to an equitable life-estate.</p> <p>3. Same. Life-estate. Trust for support and maintenance. Case.</p> <p>A testator devised to a daughter a sum of money and an undivided interest in land, the money to be loaned, and the land to be divided and rented by her, the interest and income to be devoted by her to the support of the testator’s son during the son’s life, making quarterly payments to him. The testator at his death, and when the will was executed, knew that the son was insolvent. Held, a bill in equity by creditors of the son to subject such interest and income must fail, since the purpose of the testator, which is a lawful one, was that the daughter, as trustee, should apply a sufficiency of such income to the support of the son, from year to year, so long as he lived, free from liability for his debts.</p> <p>4. Same. Excess of income. Whether subject to debts.</p> <p>Whether, if there be an excess or accumulation of income in the hands of such trustee, not needed for the support of the cestui que trust, such excess could be subjected by creditors of the latter, is not decided.</p> <p>5. Equitabde Estates. Liability to debts. Gocle 1880, 21204.</p> <p>The effect of 21204, code 1880, is to subject to sale under execution at law equitable estates, which,, in the absence of such statute, could always be subjected in equity. If creditors proceed in equity, the statute does no