Hamberlin v. Terry
Mississippi Chancery Courts
The bill in this case was filed by the heirs-at-law of Pickens, deceased, to set aside the probate of their ancestor’s will, alleged.to have been effected by fraud and surprise. The will, among other things, emancipated the slaves of the testator, and also constituted a residuary legatee, who was not made a party to the bill.
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The bill in this case was filed by the heirs-at-law of Pickens, deceased, to set aside the probate of their ancestor’s will, alleged.to have been effected by fraud and surprise. The will, among other things, emancipated the slaves of the testator, and also constituted a residuary legatee, who was not made a party to the bill. There was a general demurrer to the bill, for the want of jurisdiction in the Court, to grant the relief asked for ; upon which the cause was submitted to the Court.
1Opinion of the Court
Chancellor.
The complainants sue as heirs-at-law of their deceased ancestor, and in their bill, pray, that the probate of a will made by him, may be vacated, and a trial for the establishment of the will, be ordered de novo in the Probate Court of Jefferson county, in which court, the probate which they seek to set aside has been effected. It is charged, that the testator was a lunatic, and, at the time of making the will, was laboring under a fit of *590lunacy ; that the making of the will was obtained by surprise and fraud. The ground upon which the interposition of this Court is asked, is that…
2Cited by4 opinions
- Barrett v. Cedar Hill Consol. School Dist.Mississippi Supreme Court · 1920
- Campbell v. DoyleMississippi Supreme Court · 1879
- Williamson v. ChildressMississippi Supreme Court · 1853
- Hoover v. BremMississippi Supreme Court · 1871