Mississippi Code
Miss. Code Ann. § 91-5-31 (2026)
[Repealed]
✓ current as of July 2026
Repealed by Laws, 1993, ch. 342, § 1, eff. 3/10/1993.
Codes, 1892, § 4501; 1906, § 5091; Hemingway's 1917, § 3379; 1930, § 3565; 1942, § 671; Laws, 1940, ch. 318; 1988, ch. 489, § 1.
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1976–2023 · leading case: Hudson v. Moon, 732 So. 2d 927 (Miss. 1999).
Hudson v. Moon, 732 So. 2d 927 (Miss. 1999). “Appellants raise three issues for our consideration: (1) whether § 270 of the Mississippi Constitution and Miss.Code Ann. § 91-5-31 grant in them, the heirs at law of the testator, a vested interest in land subject to compulsory divesture by sale by a proscribed beneficiary…”
Matter of Est. of Mason, 616 So. 2d 322 (Miss. 1993). “The Mississippi mortmain statute [Section 270 of the Mississippi Constitution of 1890 and Miss. Code Ann. § 91-5-31 (1972)], as it existed at the time of Mason's death would apply and limit the bequest to the ASPCA to no more than one-third (1/3) of the estate, after the…”
Tinnin v. First United Bank of Mississippi, 502 So. 2d 659 (Miss. 1987). “[3] In his codicil Hobgood made two specific requests to persons for "kindness to my father in his illness," and "kindness extended to me and my family." Neither of those individuals were related to Hobgood.”
Johnson v. Bd. of Trs. Miss. Annual Con., 492 So. 2d 269 (Miss. 1986). “Section 270 of the Constitution is codified almost verbatim in Mississippi Code Annotated Section 91-5-31 (1972), with the addition of the following paragraph: Provided further, that within said period of ten years during which such land may be held, the charitable, religious,…”
Methodist Hosp. v. Slack, 330 So. 2d 882 (Miss. 1976). “Section 270 of the Constitution is codified verbatim in Mississippi Code Annotated section 91-5-31 (1972) with the addition of the following paragraph: Provided further, that within said period of ten years during which such land may be held, the charitable, religious,…”
Key v. Doyle, 434 U.S. 59 (1978). “1977); Miss. Code Ann. § 91-5-31 (1973); Mont. Rev.”
Daniel v. Snowdoun Ass'n, 513 So. 2d 946 (Miss. 1987). “MCA § 91-5-31 (1972). The statute says, in part: No person leaving a spouse or child or descendant of a child shall, by will bequeath or devise more than one-third of his estate [to charity] to the exclusion of such spouse or child or descendant of *950 such child.”
Crook v. Com. Nat. Bank & Trust Co., 375 So. 2d 1006 (Miss. 1979). “…Hospital v. Slack, 330 So.2d 882 (Miss. 1972). NOTES [1] Miss.Const. art. 14, § 270 (1890, Amended 1940). [2] Miss. Code Ann. § 91-5-31 (1972).”
Hemeter Props., LLC v. Clark, 178 So. 3d 730 (Miss. Ct. App. 2012). “The Mortmain Statute existed under Mississippi Code Annotated section 91-5-31 (1972) and provided when-a charitable organization inherited property through a will or other devise, the charity’s failure to dispose of the property not longer than ten years “after such devise…”
Posey v. Webb, 528 So. 2d 833 (Miss. 1988). “Great risks would attend reading Dodds as holding that the word “descendants” without more includes adoptive children and lawyers are charged to see that risk. Competent lawyers advising clients wishing to include adoptive children would surely counsel far greater specificity.”
Bible Ministry Ass'n v. Merritt, 391 So. 2d 641 (Miss. 1980). “The pertinent statute on the question presented here is Mississippi Code Annotated Section 91-5-31 (1972) which provides the following: “No person leaving a spouse or child or descendant of a child shall, by will, bequeath or devise more than one third of his estate to any…”
Clyde N Hudson, Jr. v. Robert M Moon (Miss. 1997). “Appellants raise three issues for our consideration: (1) whether §270 of the Mississippi Constitution and Miss. Code Ann. §91-5-31 grant in them, the heirs at law of the testator, a vested interest in land subject to compulsory divesture by sale by a proscribed beneficiary…”
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