Sudduth v. Sudduth
Mississippi Supreme Court
Aureal from the Chancery Court of Oktibbeha County. Hon. P. A. Critz, Chancellor. On May 7th, 1871, Benjamin P. Sudduth executed a deed of trust, whereby he conveyed land and other property to John C. Sudduth, trustee for the grantor’s wife, who was the party of the third part in the deed, “ to have and to hold said property to the use of said party of the third part, and to her only use, benefit and behoof, and her heirs begotten with said party of the first part.”
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Aureal from the Chancery Court of Oktibbeha County. Hon. P. A. Critz, Chancellor. On May 7th, 1871, Benjamin P. Sudduth executed a deed of trust, whereby he conveyed land and other property to John C. Sudduth, trustee for the grantor’s wife, who was the party of the third part in the deed, “ to have and to hold said property to the use of said party of the third part, and to her only use, benefit and behoof, and her heirs begotten with said party of the first part.” The grantor added that his intention was that, if she died without such heirs, the property should revert to his heirs at law. •…
1Opinion of the CourtCooper, J.
By the conveyance to the trustee there was limited a use to Sarah B. Sudduth and the heirs of her body, to be begotten by her then husband, the grantor. This, under the statute de donis, would have been a fee tail, and by our statute is converted into a fee simple. McKenzie v. Jones, 39 Miss. 360.
The decree is affirmed.
2Cited by2 opinions
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- Wallace v. WallaceMississippi Supreme Court · 1917