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HYNSON v. JEFFRIES

No. 94-CA-00125 COA.

697 So.2d 792 (1997)

Carolyn Harris HYNSON, Appellant, v. John L. JEFFRIES and Malcolm Cooper, Co-trustees of the Robert C. Hynson Marital Deduction Trust; E. Brooke Ferris, III, Guardian Ad Litem Of Robert C. Hynson II, A Minor; William W. Sumrall, Guardian Ad Litem Of Brooks R. Easterling And William H. Easterling, Minors; Sally Blankenship and Fred Chandler, Appellees.

Court of Appeals of Mississippi.

June 17, 1997.

Attorney(s) appearing for the Case

Scott Hemleben, Martha W. Gerald, Walker L. Watters, Kenneth Harmon, John G. Gourlay, Jr., Gerald & Brand, Jackson, for appellant.

J. Robert Sullivan, Sr., Sullivan & Sullivan, Laurel, for appellee.

Brooke Ferris, Gibbes Graves Mullins Bullock & Ferris, Laurel, William W. Sumrall, Laurel, Robert D. Gholson, Laurel, for guardian ad litem.

Before THOMAS, P.J., and DIAZ and SOUTHWICK, JJ.

SOUTHWICK, Judge, for the Court:

The only issue in this case is whether the owner of a life estate in a trust that contains producing oil and gas properties will receive the entire royalties from those minerals, or whether the royalty must be invested and the life tenant receive only the interest on that investment. The chancellor found that under the common law doctrine of waste the life tenant would receive only the interest on the royalties, while the royalty itself...

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