Boone v. Davis

Decided October 15, 1886

Mississippi Supreme Court · decided 1886-10-15

Hon. E. G. Payton, Chancellor. In 1854 Thos. J. Wells being about to leave the State on account of “ unpleasant circumstances,” made a deed to the land now in controversy in this suit to M.V. Stanley, trustee for the benefit of Nancy Wells, the grantor’s wife, and their two minor children, J. L. Wells and J. Dessama Wells. The deed expresses a consideration of “ ten dollars in hand paid,” and “ love and affection ” for the beneficiaries.

Good law ✅— No negative treatment on recordhow we know

Decided 1886-10-15

How this case has been cited

Cited by 7 later decisions (1 by the Supreme Court) — most recently July 2002

2 federal appellate · 3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Campbell, J.,

¶1delivered the opinion of the court.

¶2The deed of Thomas J. Wells vested the fee-simple title of the land conveyed in the trustee named and his successors in the trust, and the estate of the beneficiaries named in the deed was coextensive with the title of the trustee. On the death of each beneficiary his or her interest in the land not legally disposed of by him or her devolved by descent upon heirs. The deed of Wells placed the property conveyed forever beyond his reach, and at his death he had no interest in it descendible to his heirs. There was no reversionary interest in Wells and no resulting trust as to the property conveyed. If his deed be regarded as purely voluntary no trust resulted to him, but the legal estate was in the trustee and the whole beneficial interest in his wife and children.

¶3Affirmed.