Kelly v. Miller
Mississippi Supreme Court
Appeal from the Probate Court of Yalobusha cbunty. Hon. R. D. McLean, special judge. On the 16th day of June, 1858, Jesse J. Kelly and others, brothers and children of the deceased, brothers and sisters of Joseph P. Kelly,, deceased, filed their petition in the Probate Court of Yalobusha county, against Samuel R. Miller.
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Appeal from the Probate Court of Yalobusha cbunty. Hon. R. D. McLean, special judge. On the 16th day of June, 1858, Jesse J. Kelly and others, brothers and children of the deceased, brothers and sisters of Joseph P. Kelly,, deceased, filed their petition in the Probate Court of Yalobusha county, against Samuel R. Miller. The bill, after setting out the relationship of the complainants or petitioners to Joseph P. Kelly, in substance charged that an instrument of writing, purporting to be the last will and testament of Joseph P. Kelly, deceased, had been, at the February term, 1858, of the…
1Opinion of the CourtHarris, J.
This case stands before us as on appeal from the verdict of a jury, on an issue in the Probate Court to test the validity of the will of Joseph Kelly, deceased, mainly on two grounds:
1. Because it was obtained by fraud and undue influence.
2. Because of the mental incapacity of the testator.
These are questions of fact, submitted to the investigation of the jury in the court below, in contemplation of law, upon a’full and fair examination of all the witnesses on both sides.
Upon principles well settled in this court, their verdict will not be disturbed here, unless it is manifest from the whole *59r…
2Cited by12 opinions
- In re the Probate of the Will of JackmanWisconsin Supreme Court · 1870
- Whitehead v. KirkMississippi Supreme Court · 1913
- Tucker v. WhiteheadMississippi Supreme Court · 1882
- Aetna Ins. v. RobertsonMississippi Supreme Court · 1922
- Covington v. FrankMississippi Supreme Court · 1900
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