Nicholson v. Fields

Citations

• 111 Miss. 638
• 71 So. 900

Syllabus

<p>Perpetuities. Wills. Violations of rule. Statute. Fee simple.</p> <p>Where a testators will bequeathed land to certain nephews providing that it should go to them equally in undivided shares on conditions that if they all had heirs of the body, each should transmit to -his issue his share, but if one should fail to have issue, his share should go to the survivor or survivors in equal parts, or if two of them should fail to leave surviving heirs of the body, the survivor should inherit the whole property, but if they all failed to have heirs of the body the entire property should go to grandsons for life, or to the heirs of their body, or on failure of heirs of the body in both lines, then to the next of kin, always preferring those hearing testator’s name, in equal degree of kinship, such will violated the rule against perpetuities, as laid down, in Code 1906 section 2765, which prohibits estates in fee tail and in such case the nephews took an estate in fee sample.</p>