Meek v. Perry
Mississippi Supreme Court
Appeal from the Court of Probate of Panola county. Hon. 0. Harrison, judge. The cause was submitted in this court upon the following abstract, agreed to by the counsel of both parties. David McKinnie died in 1837, leaving a widow and two minor daughters, — Mary, who was born August the 27th, 1834, and Louisa R., November 7th, 1836. In 1840 their uncle, Michael McKinnie, qualified as the guardian of these minors.
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Appeal from the Court of Probate of Panola county. Hon. 0. Harrison, judge. The cause was submitted in this court upon the following abstract, agreed to by the counsel of both parties. David McKinnie died in 1837, leaving a widow and two minor daughters, — Mary, who was born August the 27th, 1834, and Louisa R., November 7th, 1836. In 1840 their uncle, Michael McKinnie, qualified as the guardian of these minors. On the 7th of July, 1848, Mary, against the wishes of her guardian, intermarried with the appellee, B. R. Perry. On the 26th of April, 1855, when she was eighteen years and a few…
1Dissent
HANDY, J.,
dissented as follows.
Not being able to concur in the views of this case taken by the majority of the court, I will very briefly state the reasons for my dissent.
The rule declared by the ninth instruction, given at the instance of the appellees, is, that when a will is made by a ward in favor of his guardian, whilst the relation of guardian and ward subsists, the circumstances must demonstrate full deliberation on the part of the ward, and abundant good faith on the part of the guardian, or the will must be condemned as having been obtained by undue influence by the guardian.
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2Cases cited2 opinions
- Sheffield v. LoveringMassachusetts Supreme Judicial Court · 1815
- Presley v. QuarlesMississippi Supreme Court · 1856