Selig v. Trost

• Decision Date: 14 February 1916
• Citation: Selig v. Trost, 110 Miss. 584, 70 So. 699 (Miss. 1916)
• Court: Mississippi Supreme Court
• Parties: SELIG v. TROST ET AL

70 So. 699

110 Miss. 584

SELIG v. TROST ET AL

Supreme Court of Mississippi

February 14, 1916

October 1915

APPEAL from the chancery court of Londes county. HON. J. F. MCCOOL Chancellor.

Suit between William Trost and others, executors, and Mrs. Hanna L. Selig for construction of the will of Samuel Selig deceased. From a decree for complainant, defendant appealed.

The facts are fully stated in the opinion of the court.

Decree reversed and cause remanded.

W. H Kier, for appellant.

Owen &amp Garnett, for appellee.

OPINION

SMITH, C. J.

The will of Samuel Selig, deceased, submitted to us by this record for construction, contains the following item:

"First. I will and bequeath all the property of which I may die possessed, real, personal and mixed to my beloved wife Crescentia, to use, enjoy and control the same and the proceeds thereof, with the full power to sell, mortgage and dispose of the same and to make good and perfect title thereto.

"Second. After the death of my said wife, I desire and will that what remains of my said property shall be divided equally between my children, share and share alike; the share of any one who may be dead to go to his or her heirs. In no wise however to be construed to limit the power of my said wife over the said property or to prevent my said wife from selling or disposing of the same, or mortgaging the same or from using and enjoying the same or the proceeds thereof."

Mrs. Selig, also now deceased, survived her husband, and by will devised the property received from him; her power so to do being the sole question for decision presented to us by this record.

Taking the will by its four corners and construing it as a whole, it is clear that the testator did not mean to vest his wife with power to dispose of the property by will but that what he did mean is simply...