discussed by Judge Coleman
How later courts described this case
- discussed by Judge Coleman
Written by the judges who cited it.
Distinguished
Distinguished by Wilkinson v. Wilkinson, 1968 Miss. LEXIS 1591 (1968)
The cases of Cooper v. Simmons, 237 Miss. 630, 114 So.2d 614, 116 So.2d 215 (1959) and Cross v. O’Cavanagh, 198 Miss. 137, 21 So.2d 473 (1945) urged by the appellant as controlling are distinguishable from the case at bar in that the property conveyed in those two cases to the first taker was a fee simple title and not a life estate.
The opinion
Concurring Opinion.
Smith, C:. J.,
delivered a concurring opinion.
I do not know what the meaning is of that clause of this will which provides a limitation over on the death of the testatrix’ three sisters, Bessie, Margie, and Stella, of their interest in the property devised to them and the heirs of Eva Cross. An opinion by me would be a mere guess that most probably would be less correct — I speak with deference — than the one here made by my associates. This should be qualified to this extent, if the words “at the death of my Sisters — Bessie, Margie and Stella” mean their death after that of the testatrix, then the limitation over to the heirs of Eva Cross takes place at, but not until, the death of all three of them. Henry v. Henderson, 103 Miss. 48 , 60 So. 33 .
L. A. Smith, Sr., J., concurs in this opinion.