Sudduth v. Sudduth

Mississippi Supreme Court
Sudduth v. Sudduth, 60 Miss. 366 (Miss. 1882)
Cooper

Sudduth v. Sudduth

Opinion of the Court

Cooper, J.,

delivered the opinion of the court.

By the conveyance to the trustee there was limited a use to Sarah B. Sudduth and the heirs of her body, to be begotten by her then husband, the grantor. This, under the statute de donis, would have been a fee tail, and by our statute is converted into a fee simple. McKenzie v. Jones, 39 Miss. 360.

The decree is affirmed.

Reference

Full Case Name
John C. Sudduth v. Sarah R. Sudduth
Cited By
2 cases
Status
Published
Syllabus
Limitation oe Estates. Fee tail. Fee simple. A conveyance to a trustee which limits a use to a woman and the heirs of her body to he begotten by her husband, the grantor, creates, under the statute de donis, a fee tail, which, by the statute of this State, is converted into a fee simple.