Pressgrove v. Comfort

Citations

• 58 Miss. 644

Syllabus

<p>Will. Rule in Shelley’s ease. Case in judgment.</p> <p>R., who died in 1847, by his last will and testament devised his lands to his four grandchildren, by name, with the provision that when they all had become of age the property should be equally divided among them, and that “after such division the land allotted to each shall be held by them for and during their natural lives, in trust only for the use of the heirs of their bodies.” Other clauses of the will show that the testator intended that the grandchildren named should be vested with the actual seisin of the property and the usufructuary enjoyment thereof for life. Held, that the grandchildren each took an estate of freehold in his allotted share of the land, and, by the rule in Shelley’s case, the attempted limitation to his heirs also enured t,o his benefit.</p>