Long v. Mayes

Citations

• 94 Miss. 735
• 48 So. 523

Syllabus

<p>1. Wills. Construction. Priorities of right.</p> <p>Where a will charged testator’s estate with the support of -his widow, one son and two daughters during the lives of the widow and son and celibacy of the daughters, but provided that after the widow’s death, and when the number of those to be supported should not exceed two, if the condition of the estate and the objects to be secured would justify it without trenching on the support of the party or parties entitled thereto, the property should be divided among all of testator’s surviving children or their descendants, and on the death of the last Survivor of those entitled to support a further division should be made, the right to a preliminary partition was subordinate to the claim for maintenance and could not be granted if tbe income from the estate was only sufficient to pay it and preserve the property.</p> <p>2. Same. “Some.”</p> <p>A provision in a will that beneficiaries shall be provided with a home, includes everything necessary to maintain the home, such as paying taxes and keeping it in proper repair, but not living expenses involved in the purchasing of supplies.</p> <p>3. Same. Allowance to beneficiaries.</p> <p>Whether a sum allowed by the court for support of beneficiaries-can be increased or diminished, or ought to be, and when a division of the property can be made under the will, being matters-for future consideration, an order fixing the allowance for the beneficiaries’ support is properly made subject to future modification.</p>