Cox v. Reed

Citations

• 113 Miss. 488
• 74 So. 330

Syllabus

<p>1. Evidence. Parol evidence. Intent of parties.</p> <p>Where an instrument is plain and unambiguous and the intention of those who executed it is ascertainable from a reading thereof, parol evidence as to such intention is not admissible.</p> <p>2. Wiles. Will or deed. Time of taking effect.</p> <p>Where an instrument in the form of a deed from parents to a child' in consideration of one dollar and love and affection provided that “this deed shall take and be in effect on and after the . death of myself and wife” such language shows that it was the donor’s intention that the instrument should not take effect for any purpose until after the death of the donor and consequently it must be held to be testamentary in character and therefore not a deed.</p>