Caldwell v. Willis
Mississippi Supreme Court
Appeal from the Chancery Court of Monroe County. Hon. L. Haughton, Chancellor. 1. As children of Daniel Willis, living at his death, the appellants are entitled, under the will, as remainder-men, to his half of the proceeds of the residuum; and, if Lafayette Willis dies without children or descendants, they, as representatives of Daniel Willis, the surviving contingent remainder-man, will be entitled to two thirds of Lafayette Willis’s share.
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Appeal from the Chancery Court of Monroe County. Hon. L. Haughton, Chancellor. 1. As children of Daniel Willis, living at his death, the appellants are entitled, under the will, as remainder-men, to his half of the proceeds of the residuum; and, if Lafayette Willis dies without children or descendants, they, as representatives of Daniel Willis, the surviving contingent remainder-man, will be entitled to two thirds of Lafayette Willis’s share. It is objected that the effect of the will is to create an estate-tail, or a perpetuity, and that by our statute it became an estate in fee-simple. This…
1Opinion of the CourtGeorge, C. J.
On the 17th day of December, 1841, Augustine Willis made and published his last will and testament, and, dying in a few days thereafter, it was duly admitted to probate in January, 1842. In the second clause of his will he gave his wife a life-estate in all his property, charged, however, with the support and education of his four minor and unmarried children. By the third, fourth, fifth, and sixth clauses, he provided for advancements to be made to his said four minor children, as they respectively arrived at majority or married. Each one of these clauses contained the provision for one…
2Cases cited1 opinion
- Harris v. McLaranMississippi Supreme Court · 1855
3Cited by6 opinions
- Bates v. StricklandMississippi Supreme Court · 1925
- Rasquin v. HamersleyAppellate Division of the Supreme Court of the State of New York · 1912
- Thomas v. ThomasMississippi Supreme Court · 1910
- Middlesex Banking Co. v. FieldMississippi Supreme Court · 1904
- Carter v. BerryMississippi Supreme Court · 1962
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