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195 So. 2d 94

Henderson v. Latham

Mississippi Supreme Court

Decided February 6, 1967

Mississippi Supreme Court · decided 1967-02-06

Cited by 2 later decisions — most recently June 1975

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1967-02-06

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ROBERTSON, Justice:

¶1ON MOTION TO CLARIFY OPINION

¶2Appellants, Mrs. Blanche S. Henderson, and Mrs. Katherine Henderson Waldrop, have asked this Court to indicate when the monthly payment of expenses incurred by them should begin, and whether the Chancellor has authority to invade the corpus, not only for necessities, but also for comforts.

¶3This Court is of the opinion that the Chancellor has authority to reimburse Mrs. Henderson and Mrs. Waldrop for all necessary expenses incurred by them from the date of the death of Testatrix, Mary Bailey Hall, taking into account the $1,500 heretofore paid.

¶4The Chancellor, in his sound discretion, may invade the corpus of the trust fund not only for necessities, but also for the comforts of life, for Mrs. Henderson and Mrs. Waldrop. Of course, the Chancellor should take into consideration the limited amount of the trust fund and the fact that it should last as long as reasonably possible.

All Justices concur.
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