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FORD v. HEGWOOD

No. 56068.

485 So.2d 1044 (1986)

Daisy Hegwood FORD and Marie Hegwood Howell, Individually, and as Administratrix of the Estate of James Otha Hegwood, Deceased v. Mrs. Nannie Mae HEGWOOD, Carroll Dennis Hegwood and Wife, Evelyn M. Hegwood, L.R. Downing and Wife, Myrtle H. Downing, and Bonnie Hegwood.

Supreme Court of Mississippi.

March 5, 1986.

Attorney(s) appearing for the Case

Lester Clark, Jr., Clark & Clark, Hattiesburg, for appellants.

J. Kearney Travis, Jr., Hattiesburg, for appellees.

Before WALKER, P.J., and DAN M. LEE and ROBERTSON, JJ.

ROBERTSON, Justice, for the Court:

At the heart of this case is the question whether a June 20, 1951, instrument labeled "Warranty Deed" is void in law as an attempted testamentary disposition for its failure to comply with our statute of wills. The operative language is as follows:

In consideration of ... we, the undersigned J.O. HEGWOOD and wife, NANNIE MAY HEGWOOD, do hereby sell, convey and warrant to our son, CARROLL DENNIS HEGWOOD, and HIS OWN BLOOD...

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