Rose v. Rose

Citations

• 126 Miss. 114
• 88 So. 513

Syllabus

<p>1. Wims. Renunciation by widow given life estate equivalent to termination of estate by death.</p> <p>A renunciation by the widow of a life estate bequeathed her is equivalent to its termination by her death, so far as the vesting ‘in possession of the remainder is concerned, unless a contrary intention of the testator is manifest.</p> <p>2. Winns. Remainder held not to vest upon renunciation by widow given a life estate so as to allow acceleration.</p> <p>Where a clause in a will provides: “To my wife Laura, I give and bequeath for and during her natural life, the house and lot where I now live, fronting on Monroe street and running., back to North street. Upon the death of said Laura, the said house and lot is to go to such of her children begotten by me as shall then be living, but in case any of said children then be dead and leave issue surviving them, the share of such child or children, to go to their issue” — and the life tenant renounces the will, the remainder estate does not vest in the children at death of testator, but depends upon the contingency as to which children, if any, or their issue, are living at the death of life tenant, consequently there could be no acceleration.</p>