Haring v. Flowers

Decided October 15, 1907

Mississippi Supreme Court · decided 1907-10-15

From the chancery court of Claiborne county. Hon. William P. S. Ventress, Chancellor. Haring and others, appellant, were complainants in the court below; Flowers, the appellee, was defendant there. From a decree denying them relief complainants appealed to the supreme court. The purpose of the suit was to set aside a conveyance made by Eliza J. Haring under which the appellee claimed the land in controversy.

Cited by 4 later decisions — most recently April 1950

2 federal appellate · 1 state decisions

Key passage — most relied on by later courts

“sister, at her death her heirs are to have it,”

quoted by 1 later decision, including Hays' Estate v. Commissioner

Good law ✅— No negative treatment on recordhow we know

Decided 1907-10-15

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Calhoon, J.,

¶1delivered the opinion, of the court.

¶2The will of Amelia A. McLain is in these words: “ In the year of our Lord, 1878, I, Amelia A. McLain, am sound in, mind and body so far as I know and declare the same before God and man October 10th, 1878; at my death I bequeath all of my property to Eliza J. ITaring, my sister; at her death her heirs are to have it.’’ By these testamentary words Mrs. Haring took a fee-simple title on the death of the testator, under the law at the date of its execution and ever since.

¶3Affirmed.