Mitchell v. Kimbrough

This is a controversy as to the will of Nancy 'B. Mitchell, deceased, which, on an issue of devisavit ml non, was tried in the Circuit Court of Giles County, resulting in a verdict in favor of the contestant of the will and a judgment of the Court setting the will aside. The proponent appealed in error, his motion for a new trial having been overruled by the Circuit Judge. The question involved in the- case is whether the will of a married woman, executed at the time she had no power to make a will, becomes validated and made a legal will, without any re-execution or republication, in…