The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1881-03-17

Joint r,on & Shields and N. Green, contra.
m. Ses ls Not to be Reported.l
m D1ns An Z. MARSHALL EFT AL,
no 90 -, ths p. G.. HARRIS.
5Isn ror To the Circuit Court Of Tate Coun'
Ion Samuel Powell, Judge.
IN h. was an action ofeectment involving
obstruction Of the following clauses in
will of d. y Harris who died in 1858
m 2 IL is my desire that my executor
u 4 have set aside from the property going
m he heirs eff my deceased brother, Charles
Iarri,. q suniciency to classically edu-
7 my nephew David ID. Harris. 1t is
nv desire that lac shall have my watch
his sole use and benefit. 1t is further
" desire that his education shall be con-
- $ ted under the supervision OF my executor,
n4 yided he can get the control of him. 1t
NJ Mfurther my desire that should he come to
~ year. of majority that my executor shall
00T h nd over to him his relative part of my
XIII ina to dispose of at his option, provided he
XHIH b4 comp0s mentIs if not then to be dispos-
ice - e0 of rs hereinafter mentioned.
~ d After having made provision IN accor-
80 Nbce with the second section, it is my
a RI H1sre that the remainder ofmy estate going
- A the heirs Of my deceased brother shall be
@ d and disposed Of by my executor to
fin may seem best, for the sole use and
81 EeGeht Of said heirs as hereinafter set forth.
RS M case either should die without
EDS IL wing issue, his or her proportional part
$500 BIZ be equally divided between the other
lber 10, bat IN case two of them should die
Ditro, Mthuut leaving issue, then their respective
i. Rs- 6srts to be equally divided between the
God hnaiaiug one aud the heirs of my executor
4lmes Harris) collectively, or in case they
a lIl all die without leaving issue, then all
- their property shall revert to the heirs
my executor above named"
The said David y. Harris arrived at age,
L. ,,,4D
S ssion OF the land in controversy under
De- Will and held it as his own until Nov
Sc, when he died without issue His
Fife p. G. Harris being his only heir,
emaiucd in possession, and this action was
Brought 10 recover the same from her.
plaintiffs, the other devisees under the will,
aimed the property under the Sd clause,
NJ reason of the dying Of said David d.
kithout issue
Defendant recovered judgment
The opinion if given in full
EEoRGE, j.
The second clause of the will of ID. n.
Harris directed his executor to deliver to
his nephew -. u. Harris, should he come to
4he years of majority. his share of the es-
Pate. Ito dispose Of at his option, provided
that he be coHpus llsHtiS, If not, then to be
nIsposed of as hereinafter mentioned"
II
The share Of the nephew from the provisions
hi the third claused Of the WILL unless the
hephew should die under twenty-one years
#pf age or be c0Hl00s Iae1its when he
srriyed At majority. Neither of these
##event. happened, aud consequently ID. d.
Harris received his share in fee according to
the provisions Of the second clause; and, on
his death. it went to the widow, the defend
ant M error.
The judgment below was in accordance
with This view and is therefore
Affirmed.
Stands x johnson. for plaintiffs in error.
Hall & Boothe, contra
Not to be reportedl
Wv BusBY,
\. No. 9542.
JAMES RHODES, ET AL.
Error to the Circuit Court of DeSoto
County, Hon. Samuel Powell, Judge.
The opinion of the court contains states
ment Of the ease, and is given in full.
GEORGE, J.
This is an action of ejectnient, submitted
10 the Judge OF the Circuit Court upon an
agreement to the facts, which were as
follows
One c. A. Blacknaan was the over in fee
simple of the iocas in quo and died in 1862,
having just made will, which duly
probated, the first clause of which is fol-
lows:
81 give and bequeath to my wife, Mickey
W, for and during her natural life or wild
owhood all my personal and real estate O
whatever kind description / now
seized and possessed of aud which may bS
remaining after the payment of my Just
debts and at the death or marriage of my
wife, Mickey w, TO my daughter Evalins
", and should my daughter Evalina v.
die during her minority without issue
and after the death or marriage of my wife
Mickey W, then to James Rhodes and the
children of Sallie Smith-James Rhodes
one-half, and the children the other"
The widow died in 1867, without having
married. Evalna survived her and inter
married with w. w. Busby, the defendant.
OF this marriage a child was born, vh6
died before Evalina and after the death OIL
the child, 1878 Ieyalina died. without issue
The plaintiffs were the Interior limitees
mentioned in the will, flames Rhodes and
the children of Salie Smith, and the
locus an quo was a part Of the estate o
Blackman.
The Circuit Judge gave Judgment for th'
plaintiff
The estate given to Evaiina was faG
SIMPLE. commencing after the termiRatioT
of the precedent estate Of the widow, ane
deieasible on the contingency named in the
will, to-wit: the dying of Evalina after tbs
death or marriage of the widow, without
issue living at the time of her death. Thi,
results from the provisions Of the statutes
then and now in force. BY Art 2, D. 900
of the Code of 1857, every devise Of al
estate shall be construed fee simple if
less estate shall be not limited by expires
words. Hence the devise to Evalfna was
zee without any words of inheritance
6elng fee simple, it was made, By tn
Imltation over on the contingency Of he
1ying without issue, base or determinabls
lee. ~ Art 8 p. BOZ, of the Code Q
1867, the CONTINGENT Iimitn4fon =, Cha MI