Deposit Guaranty Bank & Trust Co. v. Nelson

Ethridge, C.

Appellee, plaintiff in the court below, sued her stepfather for wrongfully causing the death of his wife, ap*346pellee’s mother. The suit was for damages under the Mississippi wrongful death statute. Appellant contends that he was immune from suit by his wife, if she had lived, and that the wife’s survivor is likewise disabled. Appellant has been adjudicated a non compos mentis, and is represented by his guardian.

In the early morning of January 8, 1948, appellant, Emmett Wellsby, a Negro man about 70 years of age, shot and killed his wife, Jessie B. Wellsby, who was 57 years old at…