Harkleroad v. Bass
Citations
- 84 Miss. 483
Syllabus
<p>1. Wills. Construction. Technical words. Heirs. Presumption.</p> <p>If it he apparent from a will that the testator used the word “heirs” in a different sense, the presumption that he used it in its technical sense will not prevail.</p> <p>2. Same. Case.</p> <p>Where the manifest object of the will was to provide' for the testator’s infant son, and it gave him lands for life and provided “should he leave any lawful issue at his death then I will to his heirs forever, and should (he) die without heirs” the lands were to go to testator’s grand-niece, the word “heirs” was used in the sense of “lawful issue,” and upon the death of the son without issue the grand-niece took the estate.</p>
Judges: Truly
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