Reddoch v. Williams

Citations

• 129 Miss. 706
• 92 So. 831

Syllabus

<p>1. Wiu,s. Under devise to daughter and her children then living or thereafter born, devisees take as tenants in common.</p> <p>Where a testatrix devises property to her daughter and her children now living or hereafter born, the mother and her children, or all of the devisees, take the property as tenants in common of the fee, each owning the same undivided interest therein.</p> <p>3. Dseds. Where grantor conveys property to one for life with remainder at her death to lawful children in fee, it is not an attempt to create an estate in fee tail in violation of statute.</p> <p>Where the grantor in a deed conveys property to one for life with remainder at her death to her lawful child or children in fee, this conveyance is not an attempt to create an estate in fee tail, and for that reason is not violative of section 3765, Code 1906 (section 3369, Hemingway’s Code).</p> <p>3. PRrpjvTuitiivS. Deed conveying life estate with remainder will be held good up to the point where statute against estate in fee tail is violated. ’</p> <p>Where the intent of a grantor is to convey a life estate to her daughter with remainder at her death to her children, and in default of children then to other devisees, and the deed is so worded, even though there may be ulterior limitees mentiond in the deed which would violate section 2765,' Code 1906 (section 2269, Hemingway’s Code), the court will hold the deed good up to the point where the statute is violated.</p> <p>4. Perpetuities. Where gift is invalid by reason of rule against per-petuities, parts violating rule may be rejected.</p> <p>When a part only of a gift is invalid by reason of the rule against perpetuities, and the various parts are independent and separable, and the remote parts are not necessary for the carrying out of the common or general purpose of the instrument, those which violate the rule against perpetuities may be rejected, and those which do not upheld.</p> <p>5. Vendor and Purchaser. Purchasers for value from g