Tatum v. McLellan
Mississippi Supreme Court
Appeal from the Chancery Court of Monroe County. Hon. O. H. Whitfield, Chancellor. The opinion of the court contains a sufficient statement of the case. 1. The court erred in rendering the decree in favor of James D. Tatum for one half of the property belonging to the estate of Harvey W. Allen, as the heir of his wife the widow of Harvey W. Allen, and a devisee under his will, and in decreeing that one half of the proceeds arising from the sale of such property, be paid to…
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Appeal from the Chancery Court of Monroe County. Hon. O. H. Whitfield, Chancellor. The opinion of the court contains a sufficient statement of the case. 1. The court erred in rendering the decree in favor of James D. Tatum for one half of the property belonging to the estate of Harvey W. Allen, as the heir of his wife the widow of Harvey W. Allen, and a devisee under his will, and in decreeing that one half of the proceeds arising from the sale of such property, be paid to Tatum. 2. A power of sale attached to an express life estate will not have the effect to enlarge it into a fee. 36 Miss.,…
1Opinion of the Court
Simball, J.,
delivered tbe opinion of the court:
This litigation arises out of the construction of the will of H. W. Allen, deceased, and of the legal consequence of a purchase, made by James D. Tatum, administrator cum testamento annexo of said Allen, of certain legacies.
The clause of the will (the 4th) brought up for construction is in effect —
“After all my debts and funeral expenses shall have been paid, it is my will that the remainder of my estate be disposed of, in the manner following, viz : having no children, I give and bequeath unto my wife, Martha Ann B. Allen, all my estate of every…
2Cases cited3 opinions
- Jackson v. SebringNew York Supreme Court · 1819
- Lasher v. LasherNew York Supreme Court · 1852
- Dean v. NunnallyMississippi Supreme Court · 1858
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