Bond v. Dukate

Citations

• 118 Miss. 516
• 79 So. 86

Syllabus

<p>1. Wills. Sufficiency. Validity. Provisions. '</p> <p>Where a will bequeathed all the testator’s property to his wife for the benefit of herself and children in the manner understood between herself and the testator, in such case the will bequeathed the property to her, either in fee simple or in trust, and vested title in her either absolutely or as trustee, and in either case the will was valid.</p> <p>2. Teust. Resulting trust. Invalidity of testamentary trust. -</p> <p>If in such case the title vested in the wife as trustee, and the trust be inoperative, a trust would result in favor of all of the testator’s heirs under the will.</p> <p>3. Wills. Testamentary trust. Invalidity.</p> <p>Where an intention to create- a testamentary trust was not carried out by sufficiently indicating the beneficiaries, the trustee holds the property for those on whom the law in the absence of disposition casts it, and the gift takes effect as to the legal interest, but fails as to the beneficial interest.</p>