Peebles v. Acker

Citations

• 70 Miss. 356

Syllabus

<p>1. Will. Legacy. Charge on estate. Case.</p> <p>A will contained, the following provisions: “ I give and bequeath to my step-daughter, out of my estate, so soon as she attains the age of sixteen, the sum of $1,200, and desire that my wife, as trustee for her, shall loan said sum after that time, until my step-daughter marries; then the same to be delivered to her.” Another clause provided that the residue of the testator’s estate, real, personal and mixed, should go to his wife and son, according to the laws of descent. Held, the legacy to the step-daughter was made a charge on the entire estate. Cady v. Cady, 67 Miss., 425.</p> <p>2. Same. Enforcement of legacy. Purchaser.</p> <p>The charge created by such legacy on land of the estate may be enforced by the assignee of the legacy, against one who has purchased the land 'at trustee’s sale, under a trust-deed executed by the heir and devisee of the testator.</p> <p>3. Limitations. Enforcing legacy. Administration. Purchaser.</p> <p>Where a legacy is made a charge on the estate of the testator, and certain land of the estate is sold by the heir and devisee, pending administration on the estate and before final settlement, the statute of limitations does not run against the right to enforce the legacy as to the land so held by the purchaser. So held in this case, there being no question involving the right of the purchaser to hold by adverse possession.</p>