Robertson v. Robertson

Citations

• 94 Miss. 645
• 47 So. 675

Syllabus

<p>Wills. Joint testaments. Revocation. Trusts. Covenant to stand seized. Husiand and wife. Clouds on title. Suits to remove.</p> <p>Where a husband and wife, by a writing stipulated to be operative both as a conveyance and as a will, agreed that on the death of either all of their property, owned at the date of the writing or thereafter acquired, should belong to the other for life, and, at the death of the survivor, should be divided, by commissioners to be appointed for that purpose, one-half to be allotted to their respective designated kindred:—</p> <p><a) Construing the instrument as a covenant to stand seized, the wife could not after the death of the husband, in the absence of fraud or mistake, maintain a suit to cancel it as a cloud on title and have the property, real or personal, vested in her; nor</p> <p>(5) Construing the writing as a mutual or joint will, can she revoke it as to the interest -disposed of by the deceased husband.</p>