Prather v. Prather
Mississippi Supreme Court
Erom the chancery court of Franklin county. Hon. James Stowers Hicks, Chancellor. Henry C. Prather and others, appellees, were complainants or petitioners in the court below; John C. Prather and others, appellants, were defendants there. From a decree overruling a demurrer to a petition for the probation of an alleged will, the defendants appealed to the supreme court.
Read the full summary
Erom the chancery court of Franklin county. Hon. James Stowers Hicks, Chancellor. Henry C. Prather and others, appellees, were complainants or petitioners in the court below; John C. Prather and others, appellants, were defendants there. From a decree overruling a demurrer to a petition for the probation of an alleged will, the defendants appealed to the supreme court. The facts were stated by Anderson, J., as follows: “This is an appeal from the chancery court of Franklin county, overruling the demurrer to the petition of W. H. and H. E. Prather, appellees, to which the brothers and sisters…
1Opinion of the Court
Anderson, J.,
after stating the facts as above, delivered the ■opinion of the court.
In Young v. Wark, 76 Miss. 829, 25 South. 660, it was held that: “Want Sarah relatives have all property. S. A. M. Sadler” — was neither in form nor substance a will, and, in the absence of evidence to show that it was intended as a will, it was not in fact such; and in Redhead v. Redhead, 83 Miss. 141, 35 South. 761, the following was held to be1 a valid will: “Realizing the uncertainty of life at all times, and the dangers incident to- travel, I leave this as a memoranda of my wishes should anything happen to…
2Cases cited3 opinions
- Buffington v. ThomasMississippi Supreme Court · 1904
- Young v. WarkMississippi Supreme Court · 1899
- Redhead v. RedheadMississippi Supreme Court · 1903
3Cited by8 opinions
- Illinois Central Railroad v. WhiteMississippi Supreme Court · 1910
- Baker v. Baker's EstateMississippi Supreme Court · 1946
- Estes v. EstesMississippi Supreme Court · 1946
- Methodist Church of Sturgis, Inc. v. TempletonMississippi Supreme Court · 1965
- Sullivan v. JonesMississippi Supreme Court · 1922
3 more not listed; retrieve them via the Exa API.