Stuart v. Robinson

Decided March 15, 1902

Mississippi Supreme Court · decided 1902-03-15

Rrom the chancery court of Lincoln county. Hon. Henry 0. Conn, Chancellor. Mrs. Robinson, appellee, was the complainant in the court below; Stuart, executor, and others, appellants, were defendants there. The suit was instituted by Mrs. Robinson, a legatee under the will, to subject lands to.the payment of a legacy.

Cited by 2 later decisions — most recently February 1937

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1902-03-15

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Calhoon, J..,

¶1delivered the opinion of the court.

¶2From the will in this record, which the reporter will publish in full, considered in the light of the surroundings of the testatrix at the time she made it, we conclude that her intent was that the money legacies were to be satisfied out of the lands specifically devised. This is not a case where a testator left money or personalty sufficient to satisfy pecuniary bequests. Miss Stuart had neither, and knew she had neither, and it cannot be supposed that, on her deathbed, only two days before she ceased to breathe, she had the purpose to perpetrate a ghastly joke. Clotilde v. Lutz (Mo. Sup.), 57 S. W., 1018; 50 L. R. A., 847; Davidson v. Coon (Ind.), 25 N. E., 601; 9 L. R. A., 584.

¶3Affirmed.