Pratt v. Hargreaves
Mississippi Supreme Court
From the chancery court of Harrison county. Hon. T. A. Wood, Chancellor. This was a proceeding in the chancery court to probate the nuncupative will of Mrs. Louisa J. Bidwell, made in the city of New Ozdeans, Louisiana, in 1890, before a notary public, under the peculiar law of that state. Mrs. Bidwell died at Pass Christian, Miss., on May 16, 1897; and on May 21, 1897, Dr. Greo.
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From the chancery court of Harrison county. Hon. T. A. Wood, Chancellor. This was a proceeding in the chancery court to probate the nuncupative will of Mrs. Louisa J. Bidwell, made in the city of New Ozdeans, Louisiana, in 1890, before a notary public, under the peculiar law of that state. Mrs. Bidwell died at Pass Christian, Miss., on May 16, 1897; and on May 21, 1897, Dr. Greo. K. Pratt, who was named as executor in the will, presented the same for probate in said court, upon an authenticated copy of the notarial act. On the same day, the appellees filed their caveat, setting up certain…
1Opinion of the CourtWhitfield, J.
The only issue proper in the court below was devisavit vel *904non. Whether the will was obtained by undue influence was mere matter of evidence under that issue; whether the proponent offered the original or a duly authenticated copy, was mode of probate, not an issue. We prefer to brush aside the irregularities of the procedure below, and say only what is necessary as a guide on a new trial. Since the parties submitted to the court, by agreement, the question of fact whether the testatrix was a resident and citizen of Louisiana or Mississippi, 8nd the court decided she was a resident and…
2Cited by2 opinions
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