Williams v. Green

Citations

• 128 Miss. 446
• 91 So. 39

Syllabus

<p>1. Deeds. Where husband conveys to his wife for life, remainder to himself or his heirs on her death, life estate only is conveyed, “heirs” not meaning children.</p> <p>Where a husband conveys lands to his wife “to have and to hold the same to her . . . for and during the term of her natural life; and at her death to revert to the said party of the first part, if living, or to his heirs, if dead,” the deed only conveys a life estate, and on the death of the grantor before that of the wife the remainder descends to his heirs in fee. The word “heirs” in such case does not mean children.</p> <p>2. Deeds. Instrument which cannot operate in the maker’s life is not a deed.</p> <p>A deed to be valid must take effect as a conveyance in praesenti though the enjoyment of the estate- may be postponed, and an instrument which cannot operate in the life of the maker is not a deed.</p> <p>3. Homestead. Husband may make valid deed conveying homestead to wife, but this does not defeat his right to occupy.</p> <p>A husband may make a valid deed to his wife of the property or title to the homestead without her joining in the conveyance under section 2159, Code of 1906 (section 1834, Hemingway’s Code). Such deed will convey the title, but will not defeat the husband’s right to occupy it as a home, and, as the law requires his consent to his wife’s alienation of the homestead, his right to the homestead cannot be impaired so long as the place is used as a homestead.</p>