Thomas v. Byrd
Mississippi Supreme Court
Appeal from the Chancery court of Sunflower connty. HoN. E. N. Thomas, Chancellor. Snit to qniet title by James W. Byrd and another against Mabel C. Thomas and others. From a decree for complainants, defendants appeal. James W. Byrd, August B. Byrd, and William Q-. Byrd, three brothers, all of whom were unmarried at the time of the execution of the instrument which forms the basis of this suit, were engaged in the planting business.
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Appeal from the Chancery court of Sunflower connty. HoN. E. N. Thomas, Chancellor. Snit to qniet title by James W. Byrd and another against Mabel C. Thomas and others. From a decree for complainants, defendants appeal. James W. Byrd, August B. Byrd, and William Q-. Byrd, three brothers, all of whom were unmarried at the time of the execution of the instrument which forms the basis of this suit, were engaged in the planting business. James W. Byrd and Augustus B. Byrd were the owners as tenants in common of the land and personal property involved in this suit. Prior to the execution of this…
1Opinion of the CourtSmith, C. J.
While the solution of the question presented by this record is not without difficulty, we are of the opinion that the instrument here involved (which the reporter will set out in full) did not convey to any of the parties thereto any interest in the property of the others, to vest either immediately or in the future, but that the object sought to be accomplished by it was to cause whatever property each of the parties thereto might own at his death to vest, when that event should occur, in the surviving party or parties. The instrument, therefore, is testamentary in character, and can have no…
2Cited by10 opinions
- Conner v. ConnerMississippi Supreme Court · 1960
- Gaston v. MitchellMississippi Supreme Court · 1941
- Cox v. ReedMississippi Supreme Court · 1917
- Kelly v. CovingtonMississippi Supreme Court · 1919
- Knight v. KnightMississippi Supreme Court · 1923
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