Wall v. Wall
Mississippi Supreme Court
Appeal from tbe Probate Court of Amité county. Hon. R. M. Neilson, judge. The facts of this case are sufficiently stated in the opinion of the court. The question is, whether a certain paper, somewhat a deed of gift in form, is the testamentary act of Jehu Wall. Í maintain the affirmative. The form of the instrument is immaterial; it may be no less a will, because it is in form, a deed or letter, &c. 10 S. & M. 623; 2 How. 701; 4 Eccl.
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Appeal from tbe Probate Court of Amité county. Hon. R. M. Neilson, judge. The facts of this case are sufficiently stated in the opinion of the court. The question is, whether a certain paper, somewhat a deed of gift in form, is the testamentary act of Jehu Wall. Í maintain the affirmative. The form of the instrument is immaterial; it may be no less a will, because it is in form, a deed or letter, &c. 10 S. & M. 623; 2 How. 701; 4 Eccl. B, 108. The true test is, whether the instrument shows an intent to dispose of the property after the death of tbe party. 6 Cruise, Dig. Devise, 7, § 15; 1…
1Opinion of the CourtHandy, J.
The material facts presented by the record in this case, are ■briefly these:—
Jehu Wall, of Amité county, on the 11th February, 1845, executed an instrument in writing of the following tenor: “ For and in consideration of the good will and affection that I have for, and bear towards my brothers and sisters, and in consideration of the further sum of one dollar to me in hand paid by each, the receipt whereof I do hereby acknowledge, and for other good causes and services to me rendered, I do give, grant, bargain, sell, alien and convey to each of the following named brothers and sisters, the…
2Cases cited2 opinions
- Jackson ex dem. Watson v. McKennyNew York Supreme Court · 1829
- Jackson ex dem. Wood v. SwartNew York Supreme Court · 1822
3Cited by61 opinions
- Cribbs v. WalkerSupreme Court of Arkansas · 1905
- Spencer v. RobbinsIndiana Supreme Court · 1886
- Payne v. PayneSupreme Court of Virginia · 1920
- Robinson v. GouldSupreme Court of Iowa · 1868
- Stone v. DailyCalifornia Supreme Court · 1919
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