Eaton v. Broaderick

Citations

• 101 Miss. 26
• 57 So. 298

Syllabus

<p>1. Wills. Construction. Rule of descent. Tenants in common. Improvements.</p> <p>Where a testator directed in his will that the cotton on hand be sold as soon as possible and the money turned over to his wife, the proceeds of the cotton were devised to her absolutely.</p> <p>2. Wills. Construction. Rule of descent.</p> <p>Personal property not disposed of by the testator’s will passes • ' under the statute of descent and destribution to the widow and testator’s children and grandchildren according to that statute.</p> <p>3. Wills. Construction.</p> <p>Where hy will the testator directed that his land should not he sold until his wife’s death, and that then it should he sold, and that notes due him should he collected and the money remain in his wife’s, hands until her death, such a provision vested a life estate in the widow in the land and. in the proceeds of the notes hy necessary implication.</p> <p>4. Tenants in Common. Improvements.</p> <p>Where a will provided that no child, of the testator should interfere with another’s improvements upon the testator’s land, and that each child owned the improvements which such child had made and that the land should he = divided equally among the children after the death of the widow, the children who take as tenants in common, were entitled to the improvements made severally by. them without being charged rent thereon, and if possible have allotted to them the land on which such improvements may have been erected.</p>