Patton v. Pinkston

Citations

• 86 Miss. 651

Syllabus

<p>1. Wills. Bequest. Swlt by legatees. Equity. Jurisdiction.</p> <p>Legatees may sue in equity and recover upon a cause of action specifically bequeathed to them, if there be no executor of the will and the estate of the testator owe no debts, and the right will not be denied:</p> <p>(a) Because of the possibility that the funeral expenses of the testator and the costs of probating his will are unpaid; nor</p> <p>(5) Because one of the legatees refused to join as a complainant in the suit, and consequently was made a defendant thereto.</p> <p>'2. Same. Constructive trust. Code 1892, ? 2763.' Statute of limitation.</p> <p>A defendant who, having received money from a testator in his lifetime to invest for his benefit, invested it in lands for defendant’s own benefit, without the testator’s knowledge, holds the lands as a constructive trustee for the legatees to whom the right was bequeathed, and a suit to enforce the trust will not be barred until the ten years’ statute of limitations applicable to trusts, Code 1892, § 2763, shall have fully run.</p>