Bott v. Wood
Mississippi Supreme Court
Appeal from the Chancery Court of De Soto County. Hon. J. C. Gray, Chancellor. In November, 1874, Edward L. Wood filed a petition in the Chancery Court for the purpose of having a will probated, which was alleged to be the last will and testament of his grandfather, Edward Wood, deceased.
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Appeal from the Chancery Court of De Soto County. Hon. J. C. Gray, Chancellor. In November, 1874, Edward L. Wood filed a petition in the Chancery Court for the purpose of having a will probated, which was alleged to be the last will and testament of his grandfather, Edward Wood, deceased. The petition. stated that, in 1852, the will was duly executed by Edward Wood, and placed by him in the hands'of Finley Holmes, the maternal grandfather of the petitioner ; that after the death of the testator, which occurred in 1857, his son, Thomas H. Wood, the father of the petitioner, obtained the will…
1Opinion of the CourtCampbell, J.
It seems to have been determined in England, on full consideration, that where the execution of an instrument is proved by proving the handwriting of an attesting witness who is dead, it is not admissible to rebut the presumption of due execution which arises from the name of the subscribing witness having been placed on the instrument, by evidence of declarations of such subscribing witness tending to show that the instrument was a forgery. Stobart v. Dryden, 1 Mee. & W. 615. A contrary doctrine has been announced by several courts in the United States. McElwee v. Sutton, 2 Bailey, 128;…
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