Morgan v. Hayward

Citations

• 115 Miss. 354
• 76 So. 262

Syllabus

<p>1. Wills. Construction. Distinguished from trust.</p> <p>A letter stating that the writer was holding property to protect the. interest of the addressee and that he would later give her a deed to it and declaring that the land was for the addressee at the writer’s death, is not a will but a declaration of trust.</p> <p>2. Same.</p> <p>In determining whether an instrument in doubt is a will or a contract, the Same test applies as in the case of confusion between wills and deeds. The test is not the time of performance-but the time at which by the terms - of the instrument a property right under the instrument attaches. If by the terms of the instrument no property right is to attach under it until testator’s death, the instrument is a will; but if a property right attaches, during testator’s lifetime, the instrument is a contract, even though the time of performance may be postponed till the death of the testator.</p>