Culley v. Rhodes

Citations

• 124 Miss. 640
• 86 So. 136

Syllabus

<p>1. Wills. Prime object of construction is to determine intent; devise to wife and children for support and- education held in fee simple.</p> <p>In the construction of a clause in a will the prime object is to determine the true intention of the testator, and where one of the provisions of a will is “Jackson Homestead to wife and her four children for support and education,’’ held, that this provision, when taken with the whole will, manifests the intention of the testator to vest in the wife and four minor children the fee-simple title, without limitation upon the power of sale.</p> <p>2. Infants. Return of process showing service on infant and on mother and guardian sufficient.</p> <p>A return on process showing that it has been served on a minor defendant by delivering to him, a true copy of the writ, and also by delivering a true copy of the writ to the mother and guardian of the minor, complies with the requirements of section 3929, Code of 1906 (Hemingway’s Code, section 2936), providing that process on an infant defendant shall he served on him personally and upon his father, mother' or guardian, if he have any in the state.</p> <p>3. Judicial Sales. Partition. Cannot be confirmed in vacation when bona-fide protest filed; objections held to prevent confirmation, though based on matters adjudicated by decree for sale.</p> <p>A chancellor is without power to confirm in vacation a judicial sale, where a bona-fide protest against the confirmation is filed hy one of the parties in interest.</p>