Smith v. Thurman
Tennessee Supreme Court
FROM WARREN. Devisavit vel non in the Circuit Court, before N. A. Patterson, J. in error, contended that the same indentical declaration must be proved in the Court, and taken down in writing within ten days, as is afterwards proved on the issue, citing 10 Yer., 504; 1 Jarman, 347, 133; Modern Probate, 304, 5; 4 Kent, 517; 2 Bl., 500. Proof must be full as to every fact required by the statute; 2 Cold., 30; 1 Green., Ev., § 440; Modern Probate, 304, 305, 307, 308, 312; 1…
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FROM WARREN. Devisavit vel non in the Circuit Court, before N. A. Patterson, J. in error, contended that the same indentical declaration must be proved in the Court, and taken down in writing within ten days, as is afterwards proved on the issue, citing 10 Yer., 504; 1 Jarman, 347, 133; Modern Probate, 304, 5; 4 Kent, 517; 2 Bl., 500. Proof must be full as to every fact required by the statute; 2 Cold., 30; 1 Green., Ev., § 440; Modern Probate, 304, 305, 307, 308, 312; 1 Sneed., 616; 1 Jarman, 89, 90; 4 Kent, 517; 2 BL, 500. A nuncupation made on suggestion of another, void: Brown v. Brown, 2…
1Opinion of the CourtDeadebick, J.
This is a case of a contested nuncupative will, brought up by appeal in error to this Court from the Circuit Court of Warren County.
A. McDaniel died at his home on the night of the 8th of January, 1863. A few hours before his death, D. F. Woods, in the presence of Thomas Muzzy and J. W. Miller, told deceased that he was very sick and could live but a short time. McDaniel said he knew he was very bad. Woods then asked him if he had any request to *112make, or any disposition of bis property, if so, he ought to make it. McDaniel then said, “that he wanted his two children, Minton Thurman and Sally…
2Cited by3 opinions
- Ray v. NanneyCourt of Appeals of Tennessee · 1937
- In re Probate of Matter Which is Alleged to be the Nuncupative Will of MaleNew Jersey Superior Court Appellate Division · 1892
- Miller v. FordCourt of Appeals of Tennessee · 1925