Swanzy v. Kolb
Mississippi Supreme Court
From the chancery court of Lowndes county. Hon. James F. McCool, Chancellor. Kolb and others, appellees^ were complainants or petitioners in the court below; Mrs. Swanzy and others, appellants, were defendants there. From a decree probating a will and adjudgr ing the title to lands thereunder, the defendants appealed to the supreme court.
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From the chancery court of Lowndes county. Hon. James F. McCool, Chancellor. Kolb and others, appellees^ were complainants or petitioners in the court below; Mrs. Swanzy and others, appellants, were defendants there. From a decree probating a will and adjudgr ing the title to lands thereunder, the defendants appealed to the supreme court. This proceeding was instituted in 1904 by Joseph L. Kolb and others, and seeks to establish the will of Joseph Kolb, deceased, who died in 1880, leaving a widow, Sarah A. Kolb, and no children, and to vest the title to the lands of the testator in…
1Opinion of the Court
Whitfield, O. J.,
delivered the opinion of the court in response-to the suggestion of error.
This will required, to be valid, three attesting witnesses. Joseph Kolb, the testator, died in June, 1880. The Kevisei Code of 1871, therefore, governs. Code 1871, § 2388, provides as follows: “If not wholly written and subscribed by himself, or herself it [the will] shall be attested by three credible witnesses in case of the devise of real estate.” The word “credible,” in this statute, is synonymous with “competent.”
Schouler in the second edition of his work on Wills (section 350), says: “By…
2Cases cited3 opinions
- Sullivan v. SullivanMassachusetts Supreme Judicial Court · 1871
- Askew v. . AskewSupreme Court of North Carolina · 1889
- Boone v. . LewisSupreme Court of North Carolina · 1889
3Cited by6 opinions
- Wiley v. GordonIndiana Supreme Court · 1914
- Loeb v. StateMississippi Supreme Court · 1923
- King v. KingMississippi Supreme Court · 1931
- Estate of Crawford v. CrawfordMississippi Supreme Court · 1955
- State Ex Rel. Schirmer v. Superior CourtWashington Supreme Court · 1927
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