Peters v. Kanawha Banking & Trust Co.

With regret I dissent from the majority opinion of the court in so far as it holds that the executors and not Mrs. Martin are entitled to the rents and profits of the decedent’s real estate.

The title to the real estate passed to Mrs. Martin as the residuary devisee. Having the legal title, she alone was vested with the right to possess the property and collect the rents. This is in accordance with the statute (Code 1931, 37-6-10) which provides that “* * * when the owner of real estate in fee, or holder of a term, yielding him rent, dies, the rent thereafter due shall be recoverable by such…