Fotheree v. Lawrence
Mississippi Supreme Court
In error from the Circuit Court of Copiah county. Hon. Wiley P. Harris, judge. The facts are fully set forth in the opinion of the court. 1. The copy of the will was improperly admitted in evidence. It does not appear that the will was ever probated. The allowance of a paper propounded as a will, is a judicial act — the judgment of tbe Probate Court; and the evidence of that fact should appear of record, on the minutes of the court. It can be shown in no other way.
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In error from the Circuit Court of Copiah county. Hon. Wiley P. Harris, judge. The facts are fully set forth in the opinion of the court. 1. The copy of the will was improperly admitted in evidence. It does not appear that the will was ever probated. The allowance of a paper propounded as a will, is a judicial act — the judgment of tbe Probate Court; and the evidence of that fact should appear of record, on the minutes of the court. It can be shown in no other way. Moore v. Oar son, 1 How. 60; Steen v. Steen, 5 Cushm. 580. The principle decided in these cases is conclusive. 2. The…
1Opinion of the CourtHandy, J.
This was an 'action at law brought by the defendant in error, to recover certain slaves claimed by him under the will of Elizabeth Lawrence, deceased; and the only question for determination, as the case is now presented, is, whether the will was shown to have been legally probated.
On the trial, the plaintiff offered in evidence, as the basis of his title, a paper which was certified by the clerk of the Probate Court of Copiah county, to be “ a correct transcript of the original will therein named, as fully and completely as the same is on file and of record in his office.” This copy shows…
2Cases cited1 opinion
- Armstrong v. LearSupreme Court of the United States · 1827
3Cited by10 opinions
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- Castro v. RichardsonCalifornia Supreme Court · 1861
- Wells v. WellsMississippi Supreme Court · 1858
- Martin v. StovallTennessee Supreme Court · 1899
- Fatheree v. LawrenceMississippi Supreme Court · 1857
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