Miller v. Miller
Mississippi Supreme Court
Erom the chancery court of, first district, Bolivar county. HoN. MaNuel E. DeNtoN, Chancellor. Calvin H. Miller and others, appellants, were complainants in the court below; Emma B., E. Miller and others, appellees, were defendants there. The suit presented an issue devista-vit vel non touching the validity of an instrument in writing purporting to be the last will and testament of Calvin Miller, deceased, which had been admitted to probate in common form.
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Erom the chancery court of, first district, Bolivar county. HoN. MaNuel E. DeNtoN, Chancellor. Calvin H. Miller and others, appellants, were complainants in the court below; Emma B., E. Miller and others, appellees, were defendants there. The suit presented an issue devista-vit vel non touching the validity of an instrument in writing purporting to be the last will and testament of Calvin Miller, deceased, which had been admitted to probate in common form. Erom a decree in contestees’ favor, predicated of the verdict of a jury, the contestants appealed to the supreme court. Tbe appellants are…
1Opinion of the Court
' Whitfield, O. J.,
delivered the oj» inion of the court.
The testimony in this case shows clearly that the testator exhibited his will to Oox and Phillips; two of the subscribing witnesses, stating to them that this was his will, that the signature to it was his signature, and that he had signed it. The testimony also clearly shows that M. E. Davis,‘another subscribing witness, .wrote the signature of Calvin Miller for him, and *533■at bis direction, and tbat tbis was tbe signature adopted and acknowledged by Calvin Miller wben be stated tbe above facts to Cox and Phillips. Tbis was a good…
2Cases cited1 opinion
- Sheehan v. KearneyMississippi Supreme Court · 1903
3Cited by7 opinions
- Moor v. ParksMississippi Supreme Court · 1920
- Maxwell v. LakeMississippi Supreme Court · 1921
- Austin v. PatrickMississippi Supreme Court · 1937
- Hilton v. JohnsonMississippi Supreme Court · 1943
- Gordon v. ParkerMississippi Supreme Court · 1925
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