Stern Bros. v. Hampton

Citations

• 73 Miss. 555

Syllabus

<p>1. Equity. Go-editor of trustee. Soibo-ogation. Inability of trust estate.</p> <p>A creditor to whom a trustee has become liable for a debt authorized by the trust cannot, if the trustee is solvent and a resident of this state, rely upon the principle that, in respect to such debts, creditors are entitled to be subrogated to the right of the trustee to recover a debt out of the estate, where the estate has become indebted to him by reason of his having paid the debt, or would become so should he pay it.</p> <p>2. Wills. Cnostruetion. Estate dwing life or widowhood. Testamentary trusts and conditions. AUenatioot of trust estate.</p> <p>A will vested in the widow of the testator an estate in his lands and other property during- her life or widowhood, in trust for herself and children, and directed, by one item, an appropriation by her of the income to the support, education and maintenan ce of herself and children. It further directed, by another item, that the devised property should be divided among the widow and children according to the statutes of descent and distribution in the following manner: That as the children severally attained their majority or married each should receive one-half of his or her distributive share, and the other half when it became reasonably certain that there would be no litigation against the estate, and that, in the event of the death or remarriage of the widow, the residue not already distributed should be divided among the legatees who had not received their interest. In such case the will vests the entire equitable estate in the widow and children, and if it contains no provision against alienation or anticipation or for a forfeiture, the quitclaim deed of the children to the widow, and her subsequent mortgag-e of the property, both executed after all the children had attained their majority and the lapse of nearly twenty years from the death of the testator, are valid, and will not be set aside at the instance of a creditor of