Legal Question in Wills and Trusts in Mississippi
Deed condition
How do you omitt a special condition on a old deed? The deed limits transferr to only grantor's family for transferr.
Asked on 6/07/07, 6:33 am
1 Answer from Attorneys
Albert Pettigrew
Law Offices Ph 228-875-8736
Re: Deed condition
Been practicing 24 years and this is the first time I have heard of somebody actually having what is know in ancient times as a fee tail deed. According to Miss. Code Section 89-1-15 estates in fee tail are prohibited; and every estate which, but for this statute, would be an estate in fee tail, shall be an estate in fee simple; but any person may make a conveyance or a devise of lands to a succession of donees then living, and upon the death of the last of said successors to any person or any heir. So if your deed is not to a succession of donees then living, the limitation is ineffective.
Answered on 6/07/07, 3:03 pm