Bolton v. Bolton
Mississippi Supreme Court
Appeal from the chancery court of Quitman county. Hon. M. E. Denton, Chancellor. Bill by James Bolton and others against Henry T. Bol-Ion and others to set aside the probate of the will. From a decree sustaining the will, complainants appeal. The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of Quitman county. Hon. M. E. Denton, Chancellor. Bill by James Bolton and others against Henry T. Bol-Ion and others to set aside the probate of the will. From a decree sustaining the will, complainants appeal. The facts are fully stated in the opinion of the court. Appellants contend that the acknowledgment which was taken by J. M. Whatley cannot be construed under the law so as to make the said J. M. Whatley an attestiiig witness with Dr. W. Gr. Harris to the execution of the will. The paper on its face does not indicate that What-ley was an attesting…
1Opinion of the CourtSmith, C. J.
Appellants filed their bill in the court below to set aside the probate of the will of their brother, W. S. Bolton, and issue devisavit vel non was made up, and at the close of the evidence the court peremptorily charged the jury to find, “that the writing propounded is the last will and testament of W. S. Bolton, deceased,” and there was a verdict and decree accordingly.- The objection here urged to the will is that it is attested only by one witness.
When the will was executed there were present the testator, Dr. W. T. Harris, and Mr. J. M. Whatley, a member of the board of supervisors of…
2Cited by29 opinions
- Ragsdale v. HillCourt of Appeals of Tennessee · 1954
- Tyson v. UtterbackMississippi Supreme Court · 1929
- Tilton v. DanielsSupreme Court of New Hampshire · 1920
- In Re Stoball's EstateMississippi Supreme Court · 1951
- Shane v. WooleyCourt of Appeals of Maryland · 1921
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