Martin v. Martin
Mississippi Supreme Court
From the chancery court of Copiah county. Hon. H. C. Conn, Chancellor. On the 21st day of June, 1891, B. F. Martin, a resident of Copiah county, departed this life, leaving surviving him a widow and eight children. Before his death he executed a will, disposing of his entire estate, which consisted of considerable property, real and personal.
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From the chancery court of Copiah county. Hon. H. C. Conn, Chancellor. On the 21st day of June, 1891, B. F. Martin, a resident of Copiah county, departed this life, leaving surviving him a widow and eight children. Before his death he executed a will, disposing of his entire estate, which consisted of considerable property, real and personal. He gave to his wife, Eleanor J. Martin, his residence, embracing about 240 acres of land, and all his furniture, and, in addition thereto, the following personal property: “All my stock-cattle, cows, calves etc. (not including oxen); all my stock-hogs,…
1Opinion of the CourtWoods, J.
There is no dispute between counsel for the respective parties as to the law governing gifts or bequests of personal property or money, with remainder over. It is agreed perfectly that a bequest of money for life to one, with remainder over to another, is a bequest of the interest derivable from the money, and that the legatee for life, upon proper showing made that the bequest will be wasted and lost, may be required to give security for the protection of the remainder-man’s interests. But it is further asserted by counsel for appellees that any intention of the testator to pass the bequest…
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