The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-07-24
SUPREME COURT DECISIONS.
APRIL TERM. 1850.

NJ. W. TURNER, ct al,
| vs..
W. V. TURNER, ct al.
Appeal from the Chancery Court of lst
District, Yalobusha county, Hon. A. b.
Fly, Chancellor,
Ransom Turner, in May, 1861, made a
will disposing of his land and personally,
located in Yalobusha county. where he
then lived. The will contains three sepa-
rate and distinct clauses, as follows
list. After all my debts are paid and
discharged, the residue of my estate, real
and personal, ] give, bequeathe and dis
pose of as follows: To my brother, VIM.
II. Turner, all the real estate with the ap-
purtenances thereunto belonging, now be-
longing to me or in my possession" CFhen
gives description of the lands.)
2, ~ further give, and bequeath to the
said VIM. II. Turner all of my negro prop
erty, consisting of nine negro slaves, mann
ing them,) and to said VIM. ii. Turner
give all my personal property of every
other description, to have, hold and enjoy
the same with all the profits and interest
arising or accruing therefrom, upon the
condition that the said VIM. ii. Turner, at
the expiration of five years, will pay or
cause to be paid the following sums of
money to the devisees herein named"
(Tnen mentions the legacies.)
Sd. 81 do hereby ordain that the said
VIM. II. Turner may, and it is my wish,
Al, IL, tn O1,t fn hn
above legacies or for any other purpose
that he may think advantageous to himself,
that he sell or dispose of any part or parcel
of the real estate herein bequeathed with
out any order of court for that purpose"
The testator died in 1864, his will was
admitted to probate and letters testament
tary granted to said VIM. Ii. Turner, who
administered the estate by paying the
debts, but failed to pay all the legacies.
VIM. II. Turner died, leaving will by
which he gave his wife on. W. Turner) a
life estate in his property, with remainder
in fee to his children, to be divided equally
among them. During his lifetime, said
VIM. II. Turner sold portions of the land
devised to him by said Ransom Turner's
will, to some of the defendants. Com
plainants (appellees) exhibited their bill,
praying that their several legacies under
the will of Ransom Turner be decreed to
be Il charge on the lands devised to VIM.
Ii. Turner.
1t is claimed by defendants: LIST, That the |
Chancery Court of the First District of
YalObusha county, had no jurisdiction in
the case, as the lands, the subject matter
Of the suit, are located in the Second Dis
trict of the county, and all the defendants
being residents of that District. I'd. BY
jhe terms of Ransom Turner's will, the
ands devised to VIM. Ii. Turner can, in
10 event be charged with the payment of
,omplainants' legacies. Sd. Under the
power of sale conferred by the Will, the
ands sold by VIM. I'll. Turner in his life
ime, cannot be subjected in the hands OF
he vendees to pay the legacies.
Fitzgerald a. Whitfield and Geo II. Les
er, for appellants.
W. S. Chapman, w. NJ. jackson, and b.
|. Tabor, for appellees.
CAMPBELL, j.,
7eld- $
l. The condition, that VIM. ii. Turner, at
he expiration OF five yers should pay GER
ain sums of money to persons named in
he will, applied to the real estate devised
o him, as well as to the personal prop
rty. All the gifts to him by the will were :
pom this condition. The manifest pur-
ose of the testatOr was to give all of his
rOperty to his brother, VIM. III. Turner ]
ubject to the payment of his debts, and
f certain pecuniary legacies, after five l
ears. 4
2. The land sold by the devisee and ex- +
cutor, in pursuance of the authority con- .
erred by the will on him, to sell sin order =
obtain money to pay the above legacies, i
/ for any other purposes that he may p
link advantageous to himself" is not o
inject, in the hands of his vendees to a A
barge for the legacies. His conveyance
ested title free from any such charge.
Unlimited power and discretion as to the
urpose of the sale were given to the devil
,e and executor, and purchaser from
i'm acquired title free from all concern as
} the legacies given by the will.
The Jurisdiction of the court in which
lie suit was brought, is expressly confer r
ID by Z977 of the Code.
Reversed and remanded for decree in n
.cOrdance herewith. o.