Cunningham v. Davis
Cases that cite this one
10 later published cases cite this decision.
- In the Matter of the Estate of Gary Wayne Johnson, Deceased: Zoa Ann Manners v. The Estate of Gary Wayne Johnson, Brian Johnson, Richard Wayne Johnson and Steven Howard Johnson (Miss. 2025)
- Ferrara v. Russo (R.I. 1917)
- Buchanan v. Buchanan (Miss. 1959)
- Hall v. Clements (Miss. 1952)
- Peebles v. Rodgers (Miss. 1951)
- Gaston v. Mitchell (Miss. 1941)
- Tapley v. McManus (Miss. 1936)
- Cox v. Reed (Miss. 1917)
- McGarrigle v. Roman Catholic Orphan Asylum (Cal. 1905)
- Estate of Williams (California Superior Court, San Francisco County 1895)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivered the opinion of the court.
In form the instrument is a deed. It was so called by the maker. It was acknowledged as such by him before a justice of the peace. Its character must be determined from its several provisions. If by it any present interest was vested it should be held to be a deed. If it was not to have any operation or effect until the death of the maker it could not be treated as a deed, although it was so named, and is in form a deed. The provision in these words, “ And that this deed do not take effect until after my death/’ coupled with the direction that the object of the bounty of the maker of the instrument should pay all his debts and have only the remainder of his property, convinces us that the paper was testamentary in its character.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.