Selig v. Trost
| Decision Date | 14 February 1916 |
| Citation | 110 Miss. 584,70 So. 699 |
| Court | Mississippi Supreme Court |
| Parties | SELIG v. TROST ET AL |
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 & Garnett, for appellee.
The will of Samuel Selig, deceased, submitted to us by this record for construction, contains the following item:
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 this: That his wife should have the use and enjoyment of the property during her lifetime, with full power to mortgage or sell it, and that in event it, or any portion thereof, should not be sold by her, it should be divided after her death equally among his children.
There are cases cited by counsel for appellee which uphold their contention that by the first clause of this will Mrs. Selig was vested with an estate in fee simple, and that the limitation over after her death to the children of the testator is void. These cases, however, proceed upon the mistaken theory that the two...
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Dealy v. Keatts
...et al. v. Lightcap et al., 76 So. 489, 115 Miss. 417; Harvey et al. v. Johnson et al., 71 So. 824, 111 Miss. 566; Selig v. Trost et al., 70 So. 669, 110 Miss. 584; Chrisman v. Bryant et al., 66 So. 779, 108 311; Henry et al. v. Henderson et al., 60 So. 33, 103 Miss. 48; Henry et al. v. Hend......
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Scott v. Turner
... ... Ball v. Phelan, supra; ... In re Blake, supra; Underhill on Wills, sec. 468 ... 5. A ... will must be construed as a whole. Selig v. Trost, ... (Miss.) 70 So. 699; Hale v. Neilson, 112 Miss. 291 ... 6 ... Where denial of a gift by implication will bring about an ... ...
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Dealy v. Keatts, 28494
...et al. v. Lightcap et al., 76 So. 489, 115 Miss. 417; Harvey et al. v. Johnson et al., 71 So. 824, 111 Miss. 566; Selig v. Trost et al., 70 So. 669, 110 Miss. 584; Chrisman v. Bryant et al., 66 So. 779, 108 311; Henry et al. v. Henderson et al., 60 So. 33, 103 Miss. 48; Henry et al. v. Hend......
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First Nat. Bank of Guthrie v. State (In re Inheritance Tax On Dale's Estate)
...247 S.W. 1006; Chesnut v. Chestnut, 300 Pa. 146, 151 A. 339, 75 A. L. R. 66; Smith v. Field, 98 N.J. Eq. 532, 131 A. 521; Selig v. Trost, 110 Miss. 584, 70 So. 699; Smith v. Walker, 118 Me. 473, 109 A. 10; Newlin v. Phillips (Del.) 38 Del. Ch. 36, 60 A. 1068; Priewe v. Priewe, 43 N.D. 509, ......