City Savings Bank & Trust Co. v. Cortright

Citations

• 122 Miss. 75

Syllabus

<p>1. Wills. Reversion after contingent remainder is in testator’s heirs until contingency happens.</p> <p>Wben a remainder devised in fee is limited in contingency, the reversion remains in the heirs of the testator until the happening of the event designated in the will for taking it out of them.</p> <p>2. wills. Heirs holding title to reversion must he determined as of date of testator’s death.</p> <p>The heirs of a testator in whom the reversion remains pending the happening of an event designated in the will for taking it out of them must be determined as of the date of the testator’s death, and not as of the date on which the happening of the event so designated becomes impossible.</p> <p>3. Life' Estates. Destruction of contingent remainder does not affect preceding life estate.</p> <p>The destruction of a contingent remainder following a life estate in no wise affects such life estate.</p> <p>4. Estates. When “merger” of estates takes place stated.</p> <p>A “merger” generally takes place when two estates, either related inter se as derivative and original, or else being both derived out of the same original, and both being held in the same right, meet together in the same position; the posterior estate (1) being greater, or, at least, not less, in quantum than the prior estate, an,d (2) following immediately after it' in the order of succession, without the intervention of any intermediate vested estate.</p> <p>5. Estates. Rule of merger not applied in equity when extinguish. ment of lesser estate will work injustice.</p> <p>The rule governing the merger of estates is not inflexible in, and will not be applied by, a court of equity when the extinguishment of the lesser estate will work an injustice to the owner thereof, or to another person interested in its preservation.</p> <p>6. Remainders. Merger of eonting'ent remainder and life estate in holder of fee prevented by statute.</p> <p>Section 2774, Code of 1906 (Hemingway’s Code, section 2278, prevents the