EUBANKS v. LUCIUS

No. 46139.

257 So.2d 215 (1972)

Mrs. Mary H. EUBANKS et al. v. F.E. LUCIUS, Executor of Estate of J.T. Eubanks, et al.

Supreme Court of Mississippi.

January 4, 1972.


Attorney(s) appearing for the Case

Burgin, Gholson, Hicks & Nichols, Columbus, for appellants.

Ney M. Gore, Jr., Marks, W.C. Butler, Eupora, for appellees.


GILLESPIE, Chief Justice:

In construing the last will and testament of J.T. Eubanks, deceased, the Chancery Court of Webster County held that the residuary clause in Item V devised the remainder of a trust to a class, consisting of the testator's heirs at law. From this finding, the heirs who were named in the residuary clause prosecute this appeal on the ground that the gift was to them as individuals. Thus the sole question is whether the gift was to a class or...

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