Burch v. Stovall
Mississippi Supreme Court
On appeal from the probate court of Noxubee county; Hon. Reuben Ruff, judge of the probate court of Noxubee county. The opinion of the court contains a sufficient statement of the facts of the case. To establish the will recited in the petition, it is necessary to prove, by two witnesses, that the testatrix, Mrs. Hinkle, called on some person present to take notice or bear testimony, that such is her will, or words of like import. Hutch..
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On appeal from the probate court of Noxubee county; Hon. Reuben Ruff, judge of the probate court of Noxubee county. The opinion of the court contains a sufficient statement of the facts of the case. To establish the will recited in the petition, it is necessary to prove, by two witnesses, that the testatrix, Mrs. Hinkle, called on some person present to take notice or bear testimony, that such is her will, or words of like import. Hutch.. Dig. 650, § 18,19, 20. Although it has been decided that it is not necessary in creating a valid nuncupative will, that witnesses should be present at the…
1Opinion of the CourtJustice Fisher
This was an application by the appellants to the probate court of Noxubee county, to prove and admit to probate what is alleged to be the nuncupative will of one Mary Hinkle, deceased, late of said county.
The testamentary words uttered by the deceased, and as reduced to writing a few days after her death, are as follows, to wit: That, at her residence in said county, during her last illness, the deceased called upon two ladies, who were examined as witnesses in court, to bear testimony, or take notice, or words of like import, “that she gave, willed, and bequeathed unto her daughter Martha…
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