Gibbes v. Watson

Mississippi Supreme Court
Gibbes v. Watson, 92 Miss. 9 (Miss. 1907)
45 So. 5
Mates

Gibbes v. Watson

Opinion of the Court

Mates, J.,

delivered the opinion of the court.

By the third item of the will of Henry D. Gibbes, Jane O. Gibbes, his wife, was given a life estate in all the property of her husband, and was therefore entitled, during her life, to all the income of the estate, and could dispose of it as she saw fit. If, during her life, she gave it to her daughter, Juliette Watson, or to the husband of Juliette Watson, Mrs. Watson cannot be forced to account for it to the other heirs, nor can it be charged against her interest in the estate of Henry D. Gibbes, left after the death of the life tenant. Shannon v. Davis, 64 Miss., 717, 2 South., 240; Tatum v. McLeland, 56 Miss., 352; Dean v. Nunally, 36 Miss., 359. Therefore we think the chancellor was *14-correct in sustaining tbe demurrer to tbe bill of complaint in so far as it sought an accounting for the rents, issues, and profits •of the real and personal property accruing to Jane O. Gibbes during her life and disposed of by her before her death.

We also think that the chancellor was correct in overruling the demurrer to that part of the bill which prayed for an ae■counting of the personal property bequeathed to Jane O. Gibbes by the will of Henry D. Gibbes, alleged to be in possession of Juliette O. Watson, appellee. The settlement made between appellant and appellee only applied to the estate of Jane O. Gibbes, and had no -reference to the estate of Henry D. Gibbes.

Affirmed on appeal and cross-appeal> and remanded.

Reference

Full Case Name
Edward C. Gibbes v. Juliette Watson
Status
Published
Syllabus
1. Wills. Construction. Estate devised. ' Where a testator devised his property to his wife for life with power to dispose of the same without authority from any court, and directed her to invest the proceeds unless needed for her support, she acquired a life estate, was entitled to the income for life; and a daughter to whom she gave the income can not be charged therewith in settling testator’s estate after the death of the wife. :2. Same. Accounting between legatees. In such case one of the remaindermen is, after the death of the life tenant, entitled to maintain a bill against another for an accounting of bequeathed personal property which came into the latter’s possession^