Baker v. Brown
Mississippi Supreme Court
Erom the chancery court of Wilkinson county. Hon. William P. S. VeNtress, Chancellor. Mrs. Baker, appellant, propounded the will in controversy, in the court below; Brown and others, appellees, contested. The issue devisavit vel non was submitted to a jury in the chancery court and a verdict was returned in favor of the contestants. The court below overruled the motion of the proponant for a new trial and rendered a decree adjudging the will void.
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Erom the chancery court of Wilkinson county. Hon. William P. S. VeNtress, Chancellor. Mrs. Baker, appellant, propounded the will in controversy, in the court below; Brown and others, appellees, contested. The issue devisavit vel non was submitted to a jury in the chancery court and a verdict was returned in favor of the contestants. The court below overruled the motion of the proponant for a new trial and rendered a decree adjudging the will void. Erom this decree the proponant, Mrs. Baker, appealed to the supreme court. The facts are fully stated in the opinion of the court. The writing…
1Opinion of the Court
Whíteteud, C. J.,
delivered tbe opinion of tbe court.
It may be accepted as true from tbe finding of tbe jury that tbe caption of tbe will consisting of tbe two words, “My Will,” were not written by tbé testatrix. Tbe instrument probated as tbe will is in tbe following words:
"MY WILLr
“Stamps LANDING-, July 26th, 1903.
“1 Want Eliza Baber to have all I own at my death and carry out my wishes tbe best she can. Let everything stand as I leave it. Give each heir $5.00 for me. E. H. Babkxey.”
All of this instrument, except these two words, “My Will,” were written by tbe testatrix, according to tbe…
2Cases cited4 opinions
- In re Estate of SoherCalifornia Supreme Court · 1889
- Warwick v. WarwickSupreme Court of Virginia · 1890
- Succession of ArmantSupreme Court of Louisiana · 1891
- Heirs of McMichael v. BankstonSupreme Court of Louisiana · 1872
3Cited by14 opinions
- Thorn v. California Academy of SciencesCalifornia Supreme Court · 1920
- In Re the Estate of TeubertWest Virginia Supreme Court · 1982
- Noyes v. GerardMontana Supreme Court · 1909
- Knauff v. DavidsonArizona Supreme Court · 1915
- In re Wolcott's EstateUtah Supreme Court · 1919
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