Legal Opinion

Matthews v. Sontheimer

Mississippi Supreme Court

Decided October 15, 1860PublishedCited by 3 opinions

Error to tbe Court of Probates of Holmes county. The plaintiff in error, who'was a sister and one of the heirs at law of Hugh Johnson, deceased, filed her petition in the court below, on behalf of herself and the other heirs of said Hugh, against Jacob Sontheimer, one of the executors appointed in the last will of said Hugh Johnson, for the purpose of setting aside the probate of the same.

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Error to tbe Court of Probates of Holmes county. The plaintiff in error, who'was a sister and one of the heirs at law of Hugh Johnson, deceased, filed her petition in the court below, on behalf of herself and the other heirs of said Hugh, against Jacob Sontheimer, one of the executors appointed in the last will of said Hugh Johnson, for the purpose of setting aside the probate of the same. The petition alleged that Hugh Johnson died on the 8th day of August, A.'D. 1856, and that for many years he had been much addicted to the use of intoxicating drinks; that his habits in this respect had…

1Opinion of the CourtHandy, J.

This was a petition in the Court of Probates of Holmes county, filed by the plaintiff in” error, one of the heirs at law of Hugh *191Johnson, deceased, in behalf of herself and the other heirs, against the defendant in error, for the purpose of having an instrument set aside and vacated which had been admitted to probate as the last will and testament of the said deceased.

The petitioner states, in substance, that the defendant had, by undue influence upon the deceased, and by fraudulent means, procured him to execute the will in controversy, whereby he directed the payment of a large account…

2Cases cited1 opinion

  1. Buckner v. CalcoteMississippi Supreme Court · 1855

3Cited by3 opinions

  1. Magee v. LeggettMississippi Supreme Court · 1873
  2. Valley Abstract Co. v. PageSupreme Court of Oklahoma · 1913
  3. McMurray v. BodwellCalifornia Court of Appeal · 1911

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