Rose v. Rose
Mississippi Supreme Court
Appeal from the chancery court of Yazoo county. Hon. Y. J. Stricker, Chancellor. Proceeding between Laura Rose and Otha Rose and others. Decree for the latter, and the former appeals. The question is a new one in this state, but'has been decided in other states. To be frank with the court, the appellant is anxious to carry out the contract made in this case, but feels that before investing her all in a home, she should be assured of . a good title.
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Appeal from the chancery court of Yazoo county. Hon. Y. J. Stricker, Chancellor. Proceeding between Laura Rose and Otha Rose and others. Decree for the latter, and the former appeals. The question is a new one in this state, but'has been decided in other states. To be frank with the court, the appellant is anxious to carry out the contract made in this case, but feels that before investing her all in a home, she should be assured of . a good title. The matter was fully argued in the court below, and it was there held that the renunciation accelerated the remainder, and that the appellees…
1Opinion of the CourtHolden, J.
This is a suit for specific performance, and involves the construction of item 2 of the will of Wash Rose, deceased, which determines the whole case. The testator left surviving him six children, the appellees, and his wife, Laura Rose, the appellant. The provision in the will which we are to construe reads as follows:
“Item 2. To my wife Laura, I give and bequeath for and during her natural life, the house and lot where I how live, fronting on Monroe street and running back to North street. Upon the death of said Laura, the said house and lot is to go to such of her children begotten by me as…
2Cited by10 opinions
- Matter of Estate of HomburgMississippi Supreme Court · 1997
- Greely v. HoustonMississippi Supreme Court · 1927
- Aberg v. First National Bank in DallasCourt of Appeals of Texas · 1970
- Shepherd v. MooreCourt of Appeals of Kentucky (pre-1976) · 1940
- Bross v. BrossSupreme Court of Florida · 1936
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