Legal Opinion

Nutt v. Nutt

Mississippi Chancery Courts

Decided July 1, 1844PublishedCited by 2 opinions

In this case the bill states that Rush Nutt, previous to his death, made and executed his will, which was duly probated in Jefferson county. Haller Nutt was appointed executor under the will.

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In this case the bill states that Rush Nutt, previous to his death, made and executed his will, which was duly probated in Jefferson county. Haller Nutt was appointed executor under the will. By a mistake, there were but two witnesses to.the execution of the will — the testator and Dr. Savage, who drew the will, believing that two witnesses were sufficient for the disposition of real estate by last will; and that said testator had left memoranda in his own hand writing,'(without date or signature,'however,) corresponding with the probated will, which memoranda were on file in the probate…

1Opinion of the Court

The Chancellor.

The bill states that the complainant is the sole executor of the last will and testament of Rush Nutt, deceased. That by the terms of the will, the whole of the estate, (with some trifling exceptions) real and personal, was given to the complainant, subject to the charge of the several pecuniary legacies, given to the defendants. That by the mistake of the testator, the will is attested by but two witnesses, he supposing two to be sufficient. The bill also states, that he had entered upon the discharge of his duties, but being advised that there might be some difficulty,…

2Cases cited1 opinion

  1. James v. JamesNew York Court of Chancery · 1833

3Cited by2 opinions

  1. Lewis v. Reed'sCourt of Appeals of Kentucky · 1916
  2. President of the State Bank v. WellesMassachusetts Supreme Judicial Court · 1825

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