Lee v. Bennett
Mississippi Supreme Court
Appeal from the Probate Court of Madison county. Hon. A. P. Hill, judge. Mrs. Elizabeth M. Lee, who was at the time a feme covert, and the wife of Thomas Lee, the appellant, during her last illness, made and published her last will and testament, by which she disposed of all her personal estate, including several slaves; the husband, Thomas Lee, by a writing attached to the will, fully assented thereto.
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Appeal from the Probate Court of Madison county. Hon. A. P. Hill, judge. Mrs. Elizabeth M. Lee, who was at the time a feme covert, and the wife of Thomas Lee, the appellant, during her last illness, made and published her last will and testament, by which she disposed of all her personal estate, including several slaves; the husband, Thomas Lee, by a writing attached to the will, fully assented thereto. After Mrs. Lee’s death, Thomas Lee applied to the Probate Court of Madison county and procured the probate of the will; the executors having refused to accept the trust. At a subsequent term…
1Opinion of the CourtSmith, C. J.
It appears from the record in this case, which is very inartificially made up, that a paper purporting to be the last will and testament of Mrs. Elizabeth M. Lee, was, upon due proof of the execution and publication, admitted to probate at the October term, 1853, of the Court of Probates of Madison county. The instrument in question shows upon the face of it> that at the date of its execution and publication, the testatrix was a feme covert — the wife of Thomas Lee. It is in form a will of the separate personal estate of the testatrix, and appears, from an instrument attached to it, attested…
2Cases cited2 opinions
- Garrett v. DabneyMississippi Supreme Court · 1854
- Ratcliffe v. DoughertyCourt of Appeals of Mississippi · 1852
3Cited by5 opinions
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