Rector v. Alcorn

Decided April 15, 1906

Mississippi Supreme Court · decided 1906-04-15

From the chancery court of Coahoma county. Hon. Percy Bell, Chancellor. Mrs. Rector and others, appellants, daughters of-the late Governor Janies L. Alcorn, were complainants in the court below; the defendants were Mrs. Amelia W. Alcorn, widow of Governor Alcorn and mother of complainants, Mrs. May Yates Alcorn, widow and executrix of James Alcorn, a deceased son of Governor Alcorn, and James L. Alcorn, a son of said deceased James and grandson of.Governor Alcorn.

Cited by 3 later decisions — most recently January 1951

2 state decisions

Key passage — most relied on by later courts

““From an examination of the entire will of Gov. Alcorn, we do not take the view that the words in reference to Mrs. Alcorn are precatory.””

quoted by 1 later decision, including Alcorn v. Alcorn

Good law ✅— No negative treatment on recordhow we know

Decided 1906-04-15

View the full empirical analysis of this case →

Calhoon, B.,

¶1delivered the opinion of the court.

¶2Erom an examination of the entire will of Governor Alcorn, which the reporter will publish in full, we do not take the view that the words in reference to Mrs. Alcorn are precatory. If they are construed as not merely expressions of confidence in her acting wisely, but as imperative to control her as trustee, it seems to us the whole purpose, as indicated by the language used in reference to her, to make independent provision for her, is defeated. The contentions on both sides are so lucidly and fully put that we need only say that we agree with the authorities produced by the appellee.

¶3Affirmed on appeal and cross-appeal.