DEEDS-TESTAMENTARY CHARACTER

In 1929 J. J. Coulter and wife signed, acknowledged, and delivered to be recorded an instrument granting in customary form certain described land to their daughter, Eliza Coulter. The instrument then recited, "It is understood between the parties hereto that the grantors are to have the possession, control and occupancy of said lands during their natural life, and at their death the title to said lands shall vest in the said Eliza Coulter, but not until the death of both grantors herein, does the title pass." The present action, presumably instituted after the death of the makers, sought construction of the instrument. From a determination that the instrument was a deed, one D. W. Coulter appealed to the Mississippi Supreme Court. Held, the instrument is testamentary in character and must be authenticated and probated as a will.

Two justices dissented. Coulter v. Carter, (Miss. 1946) 26 S. (2d) 344.