Selig v. Trost

Citations

• 110 Miss. 584
• 70 So. 699

Syllabus

<p>1. Will. Construction. Power of testamentary disposition. Executory devise.</p> <p>«When a testator by will gave all ;of his property to his wife, with full power to mortgage or sell it and to give perfect title thereto, and providing that after her death the residue should be divided equally among his children. In such case .the wife has the use and enjoyment of the property during her lifetime, with full power to mortgage or sell it and in the event it or any portion thereof should not be sold by her, it should be divided after her death equally among his children.</p> <p>2. Wills. Construction. Executory devise.</p> <p>Such a will must be construed as a whole, but if it were permissible to construe the two clauses of it separately, and if by so doing to hold the first to be a devise in fee, the limitation over contained in the second clause would be void as an executory devise. '</p>