Lee v. Jenkins
Mississippi Supreme Court
Appeal from the Probate Court of Attala county. Hon. E. M. Wells, judge. The appellees filed their petition against appellants in the court, seeking to set aside the probate in common form, of the will of one Greely.
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Appeal from the Probate Court of Attala county. Hon. E. M. Wells, judge. The appellees filed their petition against appellants in the court, seeking to set aside the probate in common form, of the will of one Greely. Two of the appellants were infants: no guardian ad litem was appointed for them, but an attorney appeared on their behalf; and by consent, an issue of devisavit vel non, was made, and certified to the Circuit Court of that county.' A trial was had, and the jury found the issue against the validity of the will. A new trial was moved for in the Probate Court, but overruled. No…
1Opinion of the CourtFisher, J.
It appears that two of the defendants to the issue tried in the court below, were infants, and were not represented by their guardians, but appeared only by attorney. This was error: an infant defendant can appear only by a guardian. Shaefer v. Cates, 2 B. Monroe, 458; Cook v. Tatton, 6 Dana, 108.
Decree of the Probate Court reversed, and cause remanded to that court;
2Cases cited1 opinion
- Cook's Heirs v. Totton's HeirsCourt of Appeals of Kentucky · 1838