Middlesex Banking Co. v. Field

Citations

• 84 Miss. 646

Syllabus

<p>1. Deeds. Construction. Estates tail. limitations over to heirs of donor. Code 1880, ? 1190. Code 1892, 2 2436.</p> <p>Under Code 1880, § 1190 (Code 1892, § 2436), prohibiting estates tail, but providing that a conveyance or devise may be made to a succession of living donees, not exceeding two, and the heirs of the remainderman, and in default thereof to the right heirs of the donor in fee simple:</p> <p>(а) A grantor who reserves out of the operation of his deed a life estate for himself cannot be counted as one of the donees within whose life the ultimate fee must vest in order to preserve the deed under the rule against perpetuities.</p> <p>(б) A conveyance to two designated persons, with cross-remainders in favor of the survivor in case of the death of either without issue, and a conditional limitation over to a third person, the right heir of the donor, in case of the death of the two first takers, without issue, is valid.</p> <p>(c) A limitation over to a designated person, being one of the right heirs of the donor, conditioned on the death' of two specified donees without issue, is valid.</p> <p>(d) The right heirs of the donor take by purchase, and not by descent.</p> <p>(e) The section by its express terms is applicable to conveyances as well as devises.</p> <p>(f) Its object is to prescribe a limit of time beyond which the vesting of the estate in fee cannot be suspended, but within that limit it permits the exercise of unbounded discretion by the donor.</p> <p>2. Same. Code 1880, 2 1303. Code 1892, 2 2448.</p> <p>Under Code 1880, § 1203 (Code 1892, § 2448), changing the common law and providing that a clause in a deed or a will vesting title in one person in case of the death of another, without issue of his body, shall be held as a limitation to take effect when the person named shall die without issue of his body living at the time of his death or born to him within ten months thereafter, unless the intention of the limitation be otherwise expressly