Methodist Church of Sturgis, Inc. v. Templeton

BRADY, Justice:

This is an appeal from a decree of the Chancery Court of Oktibbeha County, which denied the right to probate a letter dated November 21, 1955 as the last will and testament of Mrs. Viola T. Carter, on the basis that the writing was a conditional will based upon a contingency which did not take place. Appellant contends that the alleged will is not based on any condition and therefore was and still is subject to being probated.

The essential facts in this case are as follows. Mrs. Merle McDonald filed a petition for the probate of the last will and testament of Mrs. Viola T.…