Whitfield v. Miles

Citations

• 101 Miss. 734
• 58 So. 8

Syllabus

<p>1. Wills. Executors. Undetermined share. Power of court. Remainders. Limitations. Computation of period. Accrual of right. Vesting of estate. Life estate. Tax sales. Wife of tenant. Right to purchase.</p> <p>Where a testator by will devised certain lands to his daughter and certain other lands to a son and provided that the lands devised to both should “be valued by three disinterested persons” to be appointed by the judge of the probate court and that if it was found that the lands devised to the daughter were materially less than the lands devised to the son, then he also devised to her a sufficient quantity of other lands, not otherwise devised as will make their lands of equal value and that such other lands should be selected for his daughter by his executors. And where after the probation of such will the court appointed commissioners and empowered them not only to value but also to divide the estate which they accordingly did and reported their action to the court which was confirmed, without objection by the executors, in such case-the executors'will be conclusively presumed to-have adopted the acts of the commissioners as their own.</p> <p>2. Same.</p> <p>in such case when the will was probated the daughter became not only entitled to the lands specifically devised to her but she also became entitled, as a matter of right, to such additional quantity of land as would make the lands specifically given to her equal in value to that of her brother, and there was no-discretion left in the executors as to whether or not they would allow her this land.</p> <p>3. Same.</p> <p>Under the terms of this will, there was not only a life estate-created in an undivided interest in this land in the daughter until the selection was made, but there was also a vested right in the remainderman, which the trustees could not defeat and which her surviving brother could not convey beyond a life-interest in the same.</p> <p>4. Remaindek. Limitations. Computation of period. Accr