Sartor v. Sartor
Mississippi Supreme Court
Appeal from tbe Court of Probates of Monroe county. Hon. W. A. Tucker, judge. This was a petition filed by tbe brothers and sisters, wbo are tbe beirs at law, of James T. Sartor, for tbe purpose of annulling and setting aside tbe probate of a certain instrument wbicb bad been theretofore admitted to probate as tbe will of said Sartor.
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Appeal from tbe Court of Probates of Monroe county. Hon. W. A. Tucker, judge. This was a petition filed by tbe brothers and sisters, wbo are tbe beirs at law, of James T. Sartor, for tbe purpose of annulling and setting aside tbe probate of a certain instrument wbicb bad been theretofore admitted to probate as tbe will of said Sartor. Tbe petition, after setting out tbe heirship of petitioner, alleges that, at tbe May term, A. D. 1859, of tbe court, a writing made by tbe said James T. Sartor, by wbicb “ for tbe love and affection,” &c., be gave to bis wife, Harriet N; Sartor, all of bis…
1Opinion of the Court
Smith, O. J.,
delivered the opinion of the court:
The appellants filed their petition in the Court of Probates of Monroe county, to vacate the probate of a certain instrument proved and admitted to record in said court as the last will and *769testament of James T. Sartor, deceased, and to have the same declared null and ineffectual as the will of the said decedent.
The petition alleges that the instrument in question is not a will, because, as it is averred, it does not, upon its face, purport to be a will, nor was it shown de hors the record to be the last will and testament of the deceased;…
2Cases cited1 opinion
- Wall v. WallMississippi Supreme Court · 1855
3Cited by12 opinions
- Ditton v. HartIndiana Supreme Court · 1911
- Clay v. LaytonMichigan Supreme Court · 1903
- Bromley v. MitchellMassachusetts Supreme Judicial Court · 1892
- Simpson v. McGeeMississippi Supreme Court · 1916
- In Re Estate of StanbackMississippi Supreme Court · 1969
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