Legal Opinion

George v. Greer

Mississippi Supreme Court

Decided October 15, 1876Published

Appeal from tbe Chancery Court of Noxubee County. Hon. Thomas Christian, Chancellor. The facts of this case appear in the opinion of the court. 1. There was error in the court below in permitting the witnesses to testify to establish the will. There is no claim that the alleged testamentary words were written down within six days after the speaking of the same.

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Appeal from tbe Chancery Court of Noxubee County. Hon. Thomas Christian, Chancellor. The facts of this case appear in the opinion of the court. 1. There was error in the court below in permitting the witnesses to testify to establish the will. There is no claim that the alleged testamentary words were written down within six days after the speaking of the same. They were spoken on the twentieth day of January, 1873. It is not pretended that they ever were written down before the seventh day of February thereafter. Yet the court allowed testimony to go to the jury on a trial which took place…

1Opinion of the CourtChalmers, J.

Felix B. Greer died at his usual place of abode in Noxubee County, after having spoken, during his last illness, and about eighteen hours before his death, certain words, which it is claimed were of a testamentary character, and which, within less than six months but more than six days after his death, were reduced to writing, and, after citation to the heirs at law, were admitted to probate as a nuncupative last will and testament, in the chancery court of the county. This admission to probate was ordered upon the affidavits of four witnesses, setting forth all the essentials of a valid…

2Cases cited2 opinions

  1. Johnston v. GlasscockSupreme Court of Alabama · 1841
  2. Andrews v. AndrewsMississippi Supreme Court · 1873

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