Williams v. Green
Mississippi Supreme Court
Appeal from chancery court of Hinds county. Hon. V. J. Stricker, Chancellor. Bill by Dorsey Williams against Laura Green. A demurrer to the bill was sustained, and the plaintiff appeals. The law favors that construction of an instrument which results in a vested remainder rather than a contingent remainder, if such a construction can be applied without doing violence to the language of the instrument. Baxter v. Bran, 123 Ky. 235, 94 S. W. 633, 29 Ky.
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Appeal from chancery court of Hinds county. Hon. V. J. Stricker, Chancellor. Bill by Dorsey Williams against Laura Green. A demurrer to the bill was sustained, and the plaintiff appeals. The law favors that construction of an instrument which results in a vested remainder rather than a contingent remainder, if such a construction can be applied without doing violence to the language of the instrument. Baxter v. Bran, 123 Ky. 235, 94 S. W. 633, 29 Ky. Law Rep. 659; Moore v. Sleet, 113 Ky. 600, 68' S. W. 642, 24 Ky. Law Rep. 426, and cases cited. If the plaintiff’s construction of the deed is…
1Opinion of the CourtEthridge, J.
The appellant was the complainant below, and filed his bill against the appellee for a one-half interest in certain property and for an account of rents and profits received. He bases his claim upon the theory that he acquired a one-half interest through Margaret Askew, wife of Daniel Askew, under the terms- of a deed made by Daniel Askew to Margaret Askew, and through a will from Margaret Askew to himself. The pertinent clause of the deed involved reads as follows:
“To have and to hold the same, to her, the said Margaret Askew for and during the term of her natural life; and at her death to…
2Cases cited4 opinions
- Harris v. McLaranMississippi Supreme Court · 1855
- Kelly v. CovingtonMississippi Supreme Court · 1919
- Martin v. GrahamMississippi Supreme Court · 1917
- Boone v. BairdMississippi Supreme Court · 1907
3Cited by5 opinions
- Alexander v. DanielMississippi Supreme Court · 2005
- Ward v. WardMississippi Supreme Court · 1987
- West Tennessee Co. v. TownesDistrict Court, N.D. Mississippi · 1931
- May v. MayMississippi Supreme Court · 1956
- Effort Alexander v. Ella DanielMississippi Supreme Court · 2003