Tatum v. McLellan

Citations

• 50 Miss. 1

Syllabus

<p>1. Wills — Fee Simple — What Words Necessary to Constitute. — No technical words are necessary to devise a fee, but any words denoting an intention to pass the entire interest will suffice. 4 Kent’s Com., 536. The court looks to the whole instrument to discover the intent, and although technical words may be used, their legal operation may be countervailed, if necessary to give effect to the clear intent. Lasher v. Lasher, 13 Barb., 106.</p> <p>3. Same — Estate for Life when Created. — The general rule is, that a devise for life with power to dispose of the thing at death is but an estate for life, and it goes, if the devisee or legatee does not dispose of it, to the next of kin of the testator. But if given to one generally —with a general power to dispose of it at his death, then he takes it absolutely. Jackson v. Robins, 16 Johns., 537; Rail et al. v. Dotson et al, 14 Smed. & Mar., 178; Dean v. Nunnally, 36 Miss. Rep., 358.</p> <p>3. Purchase by Trustee — When Void. — A trustee may deal with a cestui que trust, and may purchase his share in the fund. The cestui que trust may avoid the sale or he may by acquiescence confirm it. It is for him to say whether it shall stand or not. Jackson v. Van Dalfsen, 5 Johns., 46.</p> <p>4. Devises for Charitable Purposes. — Such devises are void under arts. 55 and 56, code of 1857, p. 302, and the heirs of the testator would take whatever was designed for the charity.</p>