McDaniel v. Allen
Mississippi Supreme Court
Appeal from the Chancery Court of Lee County. HoN. Baxter McFarland, Chancellor. In 1881 one’Willoughby Bolen died, testate, leaving a widow, Margaret, and ten children, one of whom was J. H. Bolen, surviving him.
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Appeal from the Chancery Court of Lee County. HoN. Baxter McFarland, Chancellor. In 1881 one’Willoughby Bolen died, testate, leaving a widow, Margaret, and ten children, one of whom was J. H. Bolen, surviving him. The sixth clause of Willoughby Bolen’s will was as follows : “ I give and bequeath unto my beloved wife, Margaret E. Bolen, the rest and residue of my estate, both real and personal, of any and all description whatever, during the term of her natural life, and upon her death to be divided equally among the heirs of my body.” Shortly after the death of the father one of the children…
1Opinion of the CourtCooper, C. J.
J. H. Bolen took as purchaser under the will of his father, Willoughby Bolen, and not as heir-at-law. As heir-at-law he would have taken an undivided interest with the widow of the testator and the other heirs-at-law. Code of 1880, § 1271. And this would have given him an estate in possession to be presently enjoyed. By the will the widow was given an estate for life in the whole land instead of a portion thereof in fee, and a remainder in the whole was limited to the heirs-at-law. The estate therefore given by the will is different both in character and in the subject-matter than would have…
2Cited by7 opinions
- Dailey v. HoustonMississippi Supreme Court · 1963
- McClelland v. Bank of ClarksdaleMississippi Supreme Court · 1960
- Patterson v. PattersonMississippi Supreme Court · 1928
- Schlater v. LeeMississippi Supreme Court · 1918
- In re Cowley's WillWisconsin Supreme Court · 1904
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