Warren v. Ingram
Mississippi Supreme Court
The contention that the words “to do with the same as in her judgment she may deem best” are limited and restricted by the provision that she shall have and hold the property during her life, is untenable. It is not the contest of the will. The adverbial phrase “during her life” modifies- the verb “to have” and “to hold,” and the provision “and to do with the same, as in her judgment she may deem best,” is a separate clause of the complex sentence.
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The contention that the words “to do with the same as in her judgment she may deem best” are limited and restricted by the provision that she shall have and hold the property during her life, is untenable. It is not the contest of the will. The adverbial phrase “during her life” modifies- the verb “to have” and “to hold,” and the provision “and to do with the same, as in her judgment she may deem best,” is a separate clause of the complex sentence. The words will be construed in their ordinary grammatical' sense, unless some reason appears to show a different meaning. This is so well settled,…
1Opinion of the Court
Smith, J.,
delivered tbe opinion of the court.
John I. Ingram died seised and possessed of tbe land in controversy, leaving a widow and several children. By bis will be bequeathed all of bis property to* bis widow; tbe effective-language thereof being as follows: “I hereby bequeath to my wife, Mary Jane Ingram, all my real estate lying in Tate,. Marshall, and De Soto counties, Mississippi, and also all my personal property, notes, and accounts, and any and all interest of which I may be possessed, to have and to bold during ber life, and to do witb tbe same as in ber judgment sbe may deem…
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