Better v. Hirsch
Mississippi Supreme Court
Appeal from the chancery court of Warren connty. Hon. E. N. Thomas, Chancellor. Suit by Mrs. Phillip Better and others against Prank Hirsch, executor, and others. From a judgment for defendants, plaintiff appeals.
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Appeal from the chancery court of Warren connty. Hon. E. N. Thomas, Chancellor. Suit by Mrs. Phillip Better and others against Prank Hirsch, executor, and others. From a judgment for defendants, plaintiff appeals. Appellants, who were certain heirs at law of Mrs. Mollie Hermann-, filed a suit in the chancery court of Warren county, the purpose of which was to set aside and nullify the will of the said Mrs. Hermann, who died a widow without children, leaving appellants and others as her heirs át law. Some time previous to her death she had had a will drawn by her attorney, but a few days…
1Opinion of the CourtStevens, J.
The facts, as we interpret them, bring this case within the ruling of Sheehan et al. v. Kearney et al., 82 Miss. 688, 21 So. 41, 35 L. R. A. 102, and Armstrong v. Walton, 105 Miss. 337, 62 So. 173, 46 L. R. A. (N. S.) 552, Ann. Cas. 1916E, 137, and it follows that the decree of the learned chancellor upholding the will of Mrs. Hermann must be affirmed.
The very illuminating opinion of this court, by Reed, J., in the Armstrong Case, and the authorities there referred to with aproval, make certain the conclusion we must reach. The present case cannot be difieren*622tiatéd from the Armstrong Casé.…
2Cases cited2 opinions
- Sheehan v. KearneyMississippi Supreme Court · 1903
- Armstrong v. WaltonMississippi Supreme Court · 1913
3Cited by7 opinions
- Ragsdale v. HillCourt of Appeals of Tennessee · 1954
- Wilson v. PoliteMississippi Supreme Court · 1969
- Baker v. Baker's EstateMississippi Supreme Court · 1946
- Turnage v. StevensMississippi Supreme Court · 1950
- Lyle v. ShannonMississippi Supreme Court · 1969
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