Tate v. Townsend
Mississippi Supreme Court
Appeal from the Circuit Court of Tate County. Hon. A. T. Roane, Judge. The appellees brought an action of ejectment against the appellants, the appellees claiming under the will of one Martha Fitzgerald, deceased, the appellants claiming under deed from John Haywood Fitzgerald, deceased. The case comes up on an agreed state of facts, which are as follows: Martha Fitzgerald died in June, 1860, testate.
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Appeal from the Circuit Court of Tate County. Hon. A. T. Roane, Judge. The appellees brought an action of ejectment against the appellants, the appellees claiming under the will of one Martha Fitzgerald, deceased, the appellants claiming under deed from John Haywood Fitzgerald, deceased. The case comes up on an agreed state of facts, which are as follows: Martha Fitzgerald died in June, 1860, testate. At the time of her death she was a widow residing in He Soto County, Miss., and owned in fee simple the lands in controversy. She left surviving her two sons mentioned in the will — John Hayward…
1Opinion of the CourtCampbell, C. J.
By the will, John Haywood Fitzgerald took an estate for life with the power to dispose of it, if he should outlive his children, and at his death leaving children the land became theirs with the qualification that if they should not live to be twenty-one years *319old, it should go to Willie Fitzgerald. Whether the estate vested in the children of John at the death of the testatrix or only on the death of their father, the whole estate did not vest in him, but the limitation to his children was valid, and at his death they took the estate by virtue of the will. The word “children” is generally a…
2Cited by4 opinions
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