Gathings v. Howard
Mississippi Supreme Court
Appeal from the chancery court of M'onroe county. Hon. A. J. McIntyre, Chancellor. Suit by Mrs. Georgia Gathings and others against Roxie Howard and others to contest a will. Prom a decree establishing the will, contestants appeal.
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Appeal from the chancery court of M'onroe county. Hon. A. J. McIntyre, Chancellor. Suit by Mrs. Georgia Gathings and others against Roxie Howard and others to contest a will. Prom a decree establishing the will, contestants appeal. Nothing is better established in Mississippi than the proposition, that before a non-expert can give evidence as to the sanity of a defendant in a criminal case where insanity is pleaded or of the capacity of a testator to execute a will, that before giving his opinion he must give a statement of facts on which he bases his opinion and he must also show that he had…
1Opinion of the CourtStevens, J.
Appellants are the next of kin and the heirs of J. P. Gathings, deceased, and a,re the contestants in this proceeding instituted in the chancery court of Monroe county to contest the last will and testament of the said deceased and to annul the preliminary probate thereof. Appellees are the beneficiaries of the» will. The testator a»t the time of his death was a widower without children. The document purporting to be last will and testament is in the handwriting of W. H. Clifton, an attorney of Aberdeen, is in due form, signed by the testator and witnessed by E. P. Poe and Chas. Shappard. It…
2Cases cited13 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
- Burnett v. SmithMississippi Supreme Court · 1908
- Prentis v. BatesMichigan Supreme Court · 1891
- Chase v. LincolnMassachusetts Supreme Judicial Court · 1807
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Goodson v. StateMississippi Supreme Court · 1990
- City of Miami Beach v. the Texas Co.Supreme Court of Florida · 1940
- Matter of Estate of EdwardsMississippi Supreme Court · 1988
- Genna v. HarringtonMississippi Supreme Court · 1971
- Tyson v. UtterbackMississippi Supreme Court · 1929
12 more not listed; retrieve them via the Exa API.