LEE, ETC. v. FOLEY, ET AL.

No. 39642.

224 Miss. 684 (1955)

80 So.2d 765

LEE, ETC. v. FOLEY, et al.

Supreme Court of Mississippi.

June 13, 1955.


Attorney(s) appearing for the Case

Frank O. Wynne, Jr., Cleveland, for appellant.

W.W. Simmons, Cleveland, for appellees.

Hugh F. Causey, Cleveland, for Executor of Estate of B.A.A. Foley, Deceased.


GILLESPIE, J.

The principal question involved on this appeal is whether the will of B.A.A. Foley made a gift to his children as individuals or as a class. The testator was 72 years of age on March 31, 1941 when he made and published his will. At that time, the testator had eight living children and one deceased child. In the third paragraph of his will, the testator disposed of his real estate. He began the paragraph with...

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