Wilbourn v. Shell
Mississippi Supreme Court
Appeal from the Chancery Court of Panola County. Hon. J. B. Morgan, Chancellor. Two sons of Elijah Wilbourn, the appellants, who were the devisees of all his land, petitioned for the probate of the holographic will mentioned in the opinion, and citations issued for the other heirs.
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Appeal from the Chancery Court of Panola County. Hon. J. B. Morgan, Chancellor. Two sons of Elijah Wilbourn, the appellants, who were the devisees of all his land, petitioned for the probate of the holographic will mentioned in the opinion, and citations issued for the other heirs. The appellees answered, and, upon the evidence at the final hearing, the Chancellor decreed that the instrument attested by J. F. Hobgood and another witness was the true will, and dismissed this petition. A lost or destroyed will cannot be established, if this evidence fails to prove that the original paper was…
1Opinion of the CourtCooper, J.
The questions upon the decision of which this clause must turn are three: First, Was the paper presented by Wilbourn to Hobgood, in the year 1877, for the purpose of having a copy thereof made, his holographic will? Second, Are the contents of said instrument sufficiently proved to entitle it to probate ? Third, If this paper was the will of Wilbourn, and its contents have been sufficiently proved, was it subsequently destroyed by him, animo revocandi absolutely, or was it a case of conditional relative revocation? We shall be aided in a solution of the first question by considering first the…
2Cases cited1 opinion
- Hairston v. HairstonMississippi Supreme Court · 1855
3Cited by10 opinions
- McIntyre v. McIntyreSupreme Court of Georgia · 1904
- Second Church of Christ, Scientist, of New York City v. KaufmanCalifornia Supreme Court · 1945
- Stewart v. JohnsonSupreme Court of Florida · 1940
- Sanderson v. NorcrossMassachusetts Supreme Judicial Court · 1922
- Crosby v. Alton Ochsner Medical FoundationMississippi Supreme Court · 1973
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