73 So. 618 | Miss. | 1916
delivered the opinion of the court.
■ The appellant filed a bill in the' chancery court x>f the first district of Bolivar county against James A. Burt to set aside a deed made by the appellant to James A. Burt of his entire interest in.the estate of Mary E. Snipes. The bill alleges that on or about the 18th day of July, 1913, Mary E. Snipes died testate, leaving certain lands in Bolivar county which are set forth and described' in the bill, and that he was the sole heir at law of Mary E. Snipes and inherited all property not disposed of in the will which is set out at length in the bill, and that in the will she also left him a pension of twenty-five dollars per month during his natural life
The will contained, among other things, a provision willing the Loyinggood place to Mrs. N. M. Rice and Mrs. J. J. Booker and making a disposition of the personal property to Josie Burt, Annie Booker, and Mary Rice, charged with certain legacies and funeral expenses. The deed contains a description of the property and conveys all right, title, and interest in the estate of Mary E. Snipes, deceased, including real, personal, and mixed property, accounts, and choses in action. There is proof in the record that Caulk, the complainant, was addicted to the use of intoxicating liquors, and when drinking was imprudent and careless of money matters; and proof that he had no business capacity at such times. The complainant testifies that, when he went to Rosedale to see about the estate, the defendant showed him the will, but that he did not read the entire will and only read the part giving him twenty-five dollars per month, and that when he signed the deed he thought he was only signing away his right to the twenty-five dollars per month . and not signing away anything else. Burt, the defendant, testifies that complainant read the will -over two or three times, and that he did understand what he was conveying, and that his reason for accepting less than-the value of the property was that the will conveyed certain property to Mrs. Rice and Mrs. Booker, and that this property had been sold and the proceeds invested in other property, and that Mrs. Rice and Mrs. Booker would claim this property purchased with the proceeds of the Lovinggood place as their property, and that Rice would lawsuit him as long as he lived about the property, and that he would never get any benefit from
It is insisted in the argument here that Burt was a trustee, and that, being a trustee and the property having been sold for much less than its real value, the decree below was error. Burt was the trustee only to the. extent that he was the custodian of the will in question, and his duty only extended to producing the will and having it probated. He was under no other obligation to the appellant in this case, and the proof shows that he did produce the will-, and, while the will had not been probated at-said time, still the complainant was permitted to read the will and learn its provisions. It does not
Affirmed.