Cunningham v. Davis

Citations

• 62 Miss. 366

Syllabus

<p>1. Testamentary Writing. Inform of deed. lime of taking effect.</p> <p>An instrument of writing which is not to take effect until the death of the maker is testamentary in its character, though it be in the form of a deed, acknowledged as such, and styled a “ deed ” by its own language.</p> <p>2. Same. Provisions distinguishing from deed.</p> <p>A provision in such instrument that “this deed do not take effect until after my (the maker’s) death,” coupled with a direction that the beneficiary shall pay the maker’s debts and have only the remaining property, shows the testamentary character of the instrument.</p>