O'Reilly v. McGuiggan
Mississippi Supreme Court
O'Reilly v. McGuiggan, 91 Miss. 498 (Miss. 1907)
44 So. 968
Cali, Ioon
O'Reilly v. McGuiggan
Opinion of the Court
delivered tbe opinion of tbe court.
By the codicil No. 2 of the will the claim of appellee and her daughters is expressly recognized as a debt and charge on the estate, and an express trust is saddled on the executors to pay it, and it was therefore unnecessary to probate it, and the decree below is right. Gordon v. MacDougall, 84 Miss., 715; 37 South., 298; 5 L. R. A. (N. S.), 355, and the authorities cited in the opinion; 8 Ency. of Law, 1083, note 5; Abbay v. Hill, 64 Miss., 340; 1 South., 484.
Affirmed.
Reference
- Full Case Name
- Magdeline O'Reilly v. Missouri McGuiggan
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Wills. Construction. Debt. Legacy. Express trust. Probation of claims. Estates of decedents. Where, reciting a valuable consideration therefor, a will directed a sum of money to he paid a designated person and charged it preferentially on testator’s estate, an express trust was imposed on the executors to pay it, and it need not he probated.