Ehrman v. Hoskins
Mississippi Supreme Court
From the circuit court of Warren county. Hon. Ralph North, Judge. One H. L. Bond in his lifetime owned three lots in the city of Vicksburg. One of these he purchased from Uriah French, and another adjoining it he bought from Martha Knox. By the will of said Bond, executed in 1886, the last mentioned lot was devised to appellee, Grace Hoskins.
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From the circuit court of Warren county. Hon. Ralph North, Judge. One H. L. Bond in his lifetime owned three lots in the city of Vicksburg. One of these he purchased from Uriah French, and another adjoining it he bought from Martha Knox. By the will of said Bond, executed in 1886, the last mentioned lot was devised to appellee, Grace Hoskins. The clause of the will containing the devise is as follows : “ I give and bequeath unto Grace Hoskins, for her use and benefit, for her natural life, all that certain tract or parcel of land, with the hereditaments thereunto belonging, or in anywise…
1Opinion of the CourtCampbell, J.
The effect of the testimony admitted by the court over the objection of the appellants was to substitute for the will made by the testator that which the witnesses endeavored to show he really intended to make, and as to which he failed by mistake of the drawer o'f the will. It is not allowable to do this, as to w'hich all the books agree. The case which goes farthest towards abrogating the settled rule on this subject is Patch v. White, 117 U. S. 210, and even that does not sustain the admissibility of the evidence in this case. The dissenting opinion of four of the justices in that case is…
2Cases cited1 opinion
- Patch v. WhiteSupreme Court of the United States · 1886
3Cited by6 opinions
- Perkins v. O'DonaldSupreme Court of Florida · 1919
- Schlottman v. HoffmanMississippi Supreme Court · 1895
- Oliver v. HendersonSupreme Court of Georgia · 1905
- Barner v. LehrMississippi Supreme Court · 1940
- Chrisman v. MageeMississippi Supreme Court · 1914
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