Sadler v. Sadler
Mississippi Supreme Court
Appeal from the Chancery Court of-Chickasaw County. Hon. L. Haughton, Chancellor. The case is stated in the opinion of the court. 1. Land cannot pass by nuncupative will unless the statute of this State authorizes it. Jenner v. Harper, 1 P. Wms. 247; Dale v. Smith, 64 N. C. 52; Redf. on Wills, 201. Our statute does not admit of such a construction. Code 1880, sects. 1262, 1266, 1269. Upon this point there is no room for doubt. 2.. The other question is not so clear.
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Appeal from the Chancery Court of-Chickasaw County. Hon. L. Haughton, Chancellor. The case is stated in the opinion of the court. 1. Land cannot pass by nuncupative will unless the statute of this State authorizes it. Jenner v. Harper, 1 P. Wms. 247; Dale v. Smith, 64 N. C. 52; Redf. on Wills, 201. Our statute does not admit of such a construction. Code 1880, sects. 1262, 1266, 1269. Upon this point there is no room for doubt. 2.. The other question is not so clear. Chancellor Kent’s opinion in the case of Prince v. Hazelton, 20 Johns. 510, announces the accepted doctrine. Before the time of…
1Opinion of the CourtChalmers, J.
A petition for the probate of an alleged nuncupative will was demurred to : First, because it assumed to convey real estate by nuncupation ; and, second, because the petition showed upon its face that the alleged testamentary words were spoken two months before the death of the decedent.
The first ground of demurrer was well taken, but went only to so much of the alleged will as'undertakes to pass the realty. It is clear that lands cannot pass under a nuncupative will. At common law laud was not devisable at all, and only became so in England by virtue of the statutes of 32 Henry the Eighth,…
2Cases cited2 opinions
- Prince v. HazletonCourt for the Trial of Impeachments and Correction of Errors · 1822
- Smithdeal v. . SmithSupreme Court of North Carolina · 1870
3Cited by7 opinions
- Baird v. BairdSupreme Court of Kansas · 1905
- Donald v. UngerMississippi Supreme Court · 1897
- In re Davis's WillWisconsin Supreme Court · 1899
- Schmitz v. SummersMississippi Supreme Court · 1937
- Carroll v. BonhamNew Jersey Superior Court Appellate Division · 1887
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