Tucker v. Donald
Mississippi Supreme Court
Appeal from the Chancery Court of Clay County. Hon. George Wood, Chancellor, specially presiding by exchange 'with Hon. F. A. Critz.
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Appeal from the Chancery Court of Clay County. Hon. George Wood, Chancellor, specially presiding by exchange 'with Hon. F. A. Critz. The opinion of the court upon the former appeal in this case (59 Miss. 594), contained a statement of facts which may be appropriately reproduced here : “A few days after the death of P. W. Tucker there was found among his private papers a will bearing date about eighteen months before his death, perfect in all its parts, except that the name had been torn from it. By its provisions a considerable portion of his estate was devised to his niece, Miss Mary M.…
1Opinion of the CourtChalmers, J.
This case was heretofore before us and is reported in 59 Miss. 594. Two juries have, by their verdicts, declared that the will of P. W. Tucker was mutilated after his death by the hand of a spoliator, and we must accept their finding as conclusive, supported as it is by testimony which seems to have warranted it. Two alleged errors of law only are seriously pressed upon our attention.
Brabson, a witness for the contestants, having testified to important facts on their behalf, was, upon cross-examination, questioned as to certain statements alleged to have been made by him upon an immaterial…
2Cases cited2 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Tucker v. WhiteheadMississippi Supreme Court · 1882
3Cited by10 opinions
- Catholic Diocese of Natchez-Jackson v. JaquithMississippi Supreme Court · 1969
- Thompson v. CarterMississippi Supreme Court · 1987
- Mississippi Power & Light Co. v. WhitescarverCourt of Appeals for the Fifth Circuit · 1934
- Bixby v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1898
- Pevey v. Alexander Pool Co., Inc.Mississippi Supreme Court · 1962
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