Murray v. Murphy
Mississippi Supreme Court
Appeal from the Court of Probates of Madison county. Hon. X H. Postell, judge. In May, A. D. 1860, Elizabeth Murray, the appellant, and widow of the testator, filed her petition in the court below against the executor and heirs at law and devisees in the will of testator, in which she alleged that at the preceding March term oí that court the will of her late husband had been admitted to probate in common form.
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Appeal from the Court of Probates of Madison county. Hon. X H. Postell, judge. In May, A. D. 1860, Elizabeth Murray, the appellant, and widow of the testator, filed her petition in the court below against the executor and heirs at law and devisees in the will of testator, in which she alleged that at the preceding March term oí that court the will of her late husband had been admitted to probate in common form. The petition set out literally the will, and the decree of the court admitting it to probate and record. The will disposes of real estate, and at the end of the writing is subscribed…
1Opinion of the CourtHandy, J.
This was a petition in the Court of Probates, in the nature of a bill of review, filed by the appellant, the widow, and also a legatee and devisee under the will, of Bobert Murray, deceased, praying that the probate of the will granted at a previous term should be corrected and set aside, so far as the will was admitted to probate as applicable to the real estate of the testator; alleging, as the ground of the relief sought, that there were only two attesting witnesses to the will. u
*219The petition sets forth the will, and the orders and proceedings in the Court of Probates when the will was…
2Cases cited2 opinions
- Fatheree v. LawrenceMississippi Supreme Court · 1857
- Kelly v. DavisMississippi Supreme Court · 1859
3Cited by22 opinions
- Will of Hull v. HullSupreme Court of Iowa · 1902
- Merrill v. BoalSupreme Court of Rhode Island · 1926
- Caesar v. BurgessCourt of Appeals for the Tenth Circuit · 1939
- Matter of Estate of McClerkinMississippi Supreme Court · 1995
- Murphy v. BjelikOregon Supreme Court · 1917
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