Baird v. Boucher
Mississippi Supreme Court
Appeal from the Chancery Court of Chickasaw County. Hon. L. HaughtoN, Chancellor. Answering the appellant’s petition for a sale or division of the land of W. M. Fulford, deceased, as a devisee of an interest in the remainder, the appellees alleged that the life-tenant, Nancy Y. Fulford, exercised before she died her-power, under the will of her husband, to dispose of the fee by conveying it. to them, and hence that the right of their sister, the appellant, in remainder did…
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Appeal from the Chancery Court of Chickasaw County. Hon. L. HaughtoN, Chancellor. Answering the appellant’s petition for a sale or division of the land of W. M. Fulford, deceased, as a devisee of an interest in the remainder, the appellees alleged that the life-tenant, Nancy Y. Fulford, exercised before she died her-power, under the will of her husband, to dispose of the fee by conveying it. to them, and hence that the right of their sister, the appellant, in remainder did not exist. The evidence, including the will and the deed, is set out in the opinion, but the clause of the will in which…
1Opinion of the CourtCooper, J.
The word “ rent” in the will of M. W. Fulford was evidently written by clerical error for “ real.” The testator was disposing of his real and personal property, and the whole instrument demonstrates the fact that one word was by mistake written for the other. Noseitur a sociis.
By the will, which was admitted to probate in the year 1850, the testator gave to his wife, Nancy Y. Fulford, a life estate in his real and personal property, “ to use said property for the support of her and the heirs of our body, namely, Siby F. Fulford, Lucy E. Fulford,Mary K. Fulford, Sallie G. Fulford, the now…
2Cases cited2 opinions
- Andrews v. BrumfieldMississippi Supreme Court · 1856
- Yates v. ClarkMississippi Supreme Court · 1878
3Cited by10 opinions
- Gindrat v. Montgomery Gas-Light Co.Supreme Court of Alabama · 1886
- Young v. SheldonSupreme Court of Alabama · 1903
- Wirtz v. GordonMississippi Supreme Court · 1938
- Walke & Wife v. MooreSupreme Court of Virginia · 1898
- Auer v. BrownWisconsin Supreme Court · 1904
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