Reber v. Dowling
Mississippi Supreme Court
Appeal and Cross-appeal from the Chancery Court of Adams County. Hon. Warren Cowan, Chancellor. In 1855, one Thomas Dowling died leaving a will .with a provision as follows: “Be it known that I, Thomas Dowling, of the city of Natchez, State of Mississippi, of sound mind, that I have this day made up my mind to dispose of my property at the corner of Pine and Franklin streets in way following, to wit: William Fielding Cullen, John Belzer Cullen, Thomas Josh Dowling, Annie…
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Appeal and Cross-appeal from the Chancery Court of Adams County. Hon. Warren Cowan, Chancellor. In 1855, one Thomas Dowling died leaving a will .with a provision as follows: “Be it known that I, Thomas Dowling, of the city of Natchez, State of Mississippi, of sound mind, that I have this day made up my mind to dispose of my property at the corner of Pine and Franklin streets in way following, to wit: William Fielding Cullen, John Belzer Cullen, Thomas Josh Dowling, Annie Celine Dowling, each to have an equal share of that property, but is never to be sold, is to remain in the family forever,…
1Opinion of the Court
Campbell, J.,
delivered the opinion of the Court.,
*264All uncertainty as to the description of the lot was removed by the evidence.
By the will of Thomas Dowling, the title of the lot was vested in the four devisees and tenants in common with cross remainders between them and the ultimate limitation to the last survivor. On the death of each the estate vested in the survivors and not in the heirs of the decedent. Therefore, the whole estate, on the death of the other three devisees, vested ip. Thomas J. Dowling, and the children of John Belzer Cullen, one of the devisees, deceased, never had any…
2Cited by5 opinions
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- Loper v. Hinds Land Co.Mississippi Supreme Court · 1952
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- Nelson v. IglehartCourt of Appeals of Maryland · 1954