Simpson v. McGee
Mississippi Supreme Court
Appeal from the chancery court of Newton county. Horn Gr. C. TaNN, Chancellor. . Suit by Monk Houston McGee and others against Julia Simpson and others. From a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The only question .to he determined by the court in this case is whether or not the instrument on page 16 of the record is a deed or a will.
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Appeal from the chancery court of Newton county. Horn Gr. C. TaNN, Chancellor. . Suit by Monk Houston McGee and others against Julia Simpson and others. From a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The only question .to he determined by the court in this case is whether or not the instrument on page 16 of the record is a deed or a will. If it he a deed then the case should be affirmed; if a will then it should he reversed. We resp'ectfully submit that it is a will. The clause in the instrument that determines its character is as…
1Opinion of the CourtSmith, C. J.
On the 5th day of March, 1894, Harriet Houston executed and delivered to Babe, Monk, and Lutie Houston an instrument in writing, in form a deed, conveying certain property, and containing the following provision: “This to take effect only after the death of said Harriet Houston.” On the 17th day of October, 1904, Harriet executed and delivered to Julia Simpson a regular deed to the same property. Both of these instruments were properly acknowledged, and the first was filed for record in the office of the chancery clerk of Newton county on the 9th day of April, 1895, and the second on the 22d…
2Cases cited3 opinions
- Wall v. WallMississippi Supreme Court · 1855
- Cunningham v. DavisMississippi Supreme Court · 1884
- Sartor v. SartorMississippi Supreme Court · 1861
3Cited by15 opinions
- Gaston v. MitchellMississippi Supreme Court · 1941
- Cox v. ReedMississippi Supreme Court · 1917
- Kelly v. CovingtonMississippi Supreme Court · 1919
- Knight v. KnightMississippi Supreme Court · 1923
- Tapley v. McManusMississippi Supreme Court · 1936
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