CARSON v. CARSON

No. 48660.

331 So.2d 913 (1976)

Bennie CARSON et al. v. Louis CARSON, Executor of the Estate of Sidney Bates Carson, et al.

Supreme Court of Mississippi.

Rehearing Denied May 26, 1976.


Attorney(s) appearing for the Case

Smith, Downs, Coleman & Ross, Wendell H. Trapp, Jr., Corinth, for appellants.

Mitchell, Rogers & Eskridge, Claude F. Clayton, Jr., Tupelo, for appellees.

Before GILLESPIE, ROBERTSON and LEE, JJ.


GILLESPIE, Chief Justice, for the Court.

This case involves the question whether under the particular terms of the will, the testamentary power of sale conferred upon two named executors survived the death of one of them.

Bennie Carson and three other devisees under the will of Sidney Bates Carson, deceased, filed suit in the Chancery Court of Lee County to set aside two deeds executed by Louis Carson, Executor of the last will of Sidney Bates Carson. After...

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