Boone v. Davis
Mississippi Supreme Court
Appeal from the Chancery Court of Hinds County. Hon. E. G. Payton, Chancellor. In 1854 Thos. J. Wells being about to leave the State on account of “ unpleasant circumstances,” made a deed to the land now in controversy in this suit to M.V. Stanley, trustee for the benefit of Nancy Wells, the grantor’s wife, and their two minor children, J. L. Wells and J. Dessama Wells.
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Appeal from the Chancery Court of Hinds County. Hon. E. G. Payton, Chancellor. In 1854 Thos. J. Wells being about to leave the State on account of “ unpleasant circumstances,” made a deed to the land now in controversy in this suit to M.V. Stanley, trustee for the benefit of Nancy Wells, the grantor’s wife, and their two minor children, J. L. Wells and J. Dessama Wells. The deed expresses a consideration of “ ten dollars in hand paid,” and “ love and affection ” for the beneficiaries. After the words of conveyance and description of the property the deed proceeds as follows : “ To him, the…
1Opinion of the CourtCampbell, J.
The deed of Thomas J. Wells vested the fee-simple title of the land conveyed in the trustee named and his successors in the trust, and the estate of the beneficiaries named in the deed was coextensive with the title of the trustee. On the death of each beneficiary his or her interest in the land not legally disposed of by him or her devolved by descent upon heirs. The deed of Wells placed the property conveyed forever beyond his reach, and at his death he had no interest in it descendible to his heirs. There was no reversionary interest in Wells and no resulting trust as to the property…
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