Irvine v. Newlin

Citations

• 63 Miss. 192

Syllabus

<p>1. Heir. Meaning of in will. Devise of remainder.</p> <p>The word “ heirs” used in a will in the devise of a contingent remainder must be construed in its technical sense, unless the will show clearly that it was used by the testator in a different sense.</p> <p>2. Same. Use of word in devise of remainder. Case in judgment.</p> <p>B. died, leaving a will by which his estate was to go to his wife, M., for life, remainder over to the heirs of 0. The latter was then living, and at the time of his death was still surviving with nine children. Held, that there being no heirs of C., she being alive at the death of M., when the particular estate terminated, the remainder failed for want of persons to take it under the will.</p> <p>3. Same. Inheritance from illegitimate. Act of 1846, Hutchinson’s Code, p. 501, construed.</p> <p>The act of 1846, Hutchinson’s Code, p. 501, provided only for inheritance by and between illegitimates, and under it a legitimate sister could not inherit from an illegitimate brother.</p>