Andrews v. Andrews
Mississippi Supreme Court
Appeal from the chancery court of Yazoo county. Hooker, Chancellor. The opinion of the court contains a sufficient statement of the case. Contended that, in order to-make a nuncupative -will valid, there must be established by proof indisputable, the presence of not only the animus testandi, but of the rogatio mentium, without which every nuncupation is void.
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Appeal from the chancery court of Yazoo county. Hooker, Chancellor. The opinion of the court contains a sufficient statement of the case. Contended that, in order to-make a nuncupative -will valid, there must be established by proof indisputable, the presence of not only the animus testandi, but of the rogatio mentium, without which every nuncupation is void. The facts that deceased was called upon to make a disposition of his property in contemplation of death, and that, in compliance with such request, he expressed a desire that his property should be disposed of in a certain manner, are…
1Opinion of the Court
Peyton, C. J.:
This is an appeal from the decree of the chancery court of Yazoo county, admitting to probate and establishing the nuncupative will of Joseph Andrews, Jr., who, being informed by one of his attending physicians that he was in danger of death, was asked by him *223-what he intended to do with his property, and in answer thereto stated as follows: “ I wish it to go to Mollie and the child and the old man, and Wilkinson and Bowman to take charge of it.”
Are these words sufficient to constitute a nuncupative will under our statute, which provides that no nuncupative will shall he…
2Cases cited5 opinions
- In re the alleged nuncupative will of YarnallSupreme Court of Pennsylvania · 1833
- Woods v. RidleyMississippi Supreme Court · 1854
- Arnett v. ArnettIllinois Supreme Court · 1862
- Sampson v. BrowningSupreme Court of Georgia · 1857
- Lucas v. GoffMississippi Supreme Court · 1857
3Cited by5 opinions
- Cannon v. SeyboldtIdaho Supreme Court · 1935
- Scales v. Heirs at LawSupreme Court of Georgia · 1903
- Jones v. RobinsonSupreme Court of Georgia · 1929
- Lee v. BarrowMississippi Supreme Court · 1930
- George v. GreerMississippi Supreme Court · 1876