114 So. 621 | Miss. | 1927
"Know all men by these presents that for and in consideration of the natural love and affection I have and do bear towards Mary M. Triplett, wife of B.O. Triplett, I hereby grant, bargain, and convey to her and her heirs and assigns forever, to have and to hold after my death the following described property, to-wit, lying and being in said county of Noxubee, and state of Mississippi, being the East one-half of West one-half, less Northwest quarter, Southeast quarter, Southwest quarter, *305 section 35, township 16, Range 15, containing one hundred fifty acres, more or less,"
Mary M. Triplett then lived, and for a number of years thereafter continued to live, with Mrs. Burch on the land described in the instrument. In July, 1925, Mrs. Burch devised the land to the appellants by will, which was probated after her death, under which they claim and are asserting title to the land. A demurrer interposed by the appellants to the bill of complaint was overruled, and they have appealed to this court for the purpose of settling the principles of the case.
The appellants' contention is that the instrument executed and delivered by Mrs. Burch to Mary M. Triplett in February, 1912, is a will, and not a deed, and was therefore revoked by the later will executed by Mrs. Burch. This instrument is a deed in form, contains no provision prohibiting it from taking effect until the grantor's death, but simply postpones the possession and use of the land by the grantee until the death of the grantor; it is therefore a deed in fact and valid, under section 2762, Code of 1906 (Hemingway's Code 1927, section 2421). Wall v. Wall,
Affirmed and remanded, with leave to the appellants to answer the bill within thirty days after the filing of the mandate in the court below.
Affirmed and remanded. *306