Legal Opinion

Mullins v. Cottrell

Mississippi Supreme Court

Decided October 15, 1866PublishedCited by 15 opinions

Appeal from the Probate Court of Marshall county. Hon. Thomas A. Falconer, judge. On the 2d November, 1865, appellant presented the will of Peter McQueen for probate, in the Probate Court of Marshall county.

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Appeal from the Probate Court of Marshall county. Hon. Thomas A. Falconer, judge. On the 2d November, 1865, appellant presented the will of Peter McQueen for probate, in the Probate Court of Marshall county. The will has date 3d September, 1863, and bequeaths all of testator’s estate in trust to appellant, to pay funeral expenses and debts, “ and to assume the management of the residue of my estate, and apply the profits, or income, which she (appellant) may realize by so doing, to the use and support of herself and her four infant children (naming them), and then, as her above-mentioned…

1Opinion of the CourtHandy, C. J.

This is an appeal from a decree of the Court of Probates of Marshall county, annulling a written instrument propounded by the appellant, Mary A. Mullins, as the last will and testament of Peter McQueen deceased, in which she was appointed as executrix.

To the petition propounding the will for probate, the appellee filed an answer, stating that she is the only child and heir at law of the deceased; alleging that he was, on many subjects, of unsound mind, and that the paper offered for probate was the direct offspring of the delusion and derangement of mind under which he was laboring for a long…

2Cases cited3 opinions

  1. Newcomb v. StateMississippi Supreme Court · 1872
  2. Johnson v. Moore's HeirsCourt of Appeals of Kentucky · 1822
  3. Marchesseau v. Merchants Insurance Co. of New OrleansSupreme Court of Louisiana · 1842

3Cited by15 opinions

  1. Taylor v. McClintockSupreme Court of Arkansas · 1908
  2. Hooper v. Stokes, as Exr.Supreme Court of Florida · 1933
  3. Owen v. CrumbaughIllinois Supreme Court · 1907
  4. People v. Briggs, Oyer and Terminer, Albany County1880
  5. Tucker v. WhiteheadMississippi Supreme Court · 1882

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