Davis v. Kriger

Citations

• 69 Miss. 39

Syllabus

<p>1. Election. Infant. Condition. Time for election.</p> <p>Under a bequest to an infant, to be paid him at majority upon condition that he will give up certain land owned by him, no time being prescribed within which he is to elect, he is entitled to a reasonable time after coming of age to make his election.</p> <p>2. Estoppel. Talcing in ignorance of facts. Restoring status.</p> <p>In such case, where the land is afterwards sold to satisfy an outstanding incumbrance, the receipt by the legatee of the surplus proceeds of sale, though two years after majority, will not estop him from claiming the legacy, if at the time of the receipt he was ignorant of the provisions of the will, and within a few weeks thereafter, upon ascertaining the facts, filed a bill offering to refund and seeking to take under the will.</p>