DAILEY v. HOUSTON

No. 42587.

246 Miss. 667 (1963)

151 So.2d 919

DAILEY v. HOUSTON, et al.

Supreme Court of Mississippi.

April 22, 1963.


Attorney(s) appearing for the Case

Caldwell & Caldwell, Charleston; Ben M. Caldwell, Marks, for appellant.

Breland & Whitten, Sumner; Albert Donald Whitten, Charleston, for appellees.


ETHRIDGE, J.

This case involves principally that ancient nemesis of testamentary construction: a gift, after a life estate, of remainder to the heirs of testator and another person. Specifically, we are concerned with the nature of remainders created by a will giving a life estate to testator's spouse, with remainder to be divided equally between testator's heirs and his wife's heirs. Under the particular circumstances,...

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