Legal Opinion

McFarland v. Bush

Tennessee Supreme Court

Decided March 7, 1895PublishedCited by 8 opinions

FROM WILLIAMSON. Appeal in error from Circuit Court of Williamson County. W. L¡ Grigsby, J.

1Opinion of the CourtWilkes, J.

This case presents an issue of devisavit vel non over the will of Mrs. S. T. McFarland. There was a verdict in favor of the will in the Court below, and the contestant has appealed and assigned errors.

The only question involved is as to the attestation of the will by one of the subscribing witnesses, James R. Barnes. The will purports to convey both personalty and land. It is admitted to be good and valid as to the personalty, but it is claimed to be inoperative as to the land, because one of the subscribing witnesses, James R. Barnes, did not write his name, nor did he make his mark or touch…

2Cases cited1 opinion

  1. Simmons v. LeonardTennessee Supreme Court · 1892

3Cited by8 opinions

  1. Parsons v. Federal Realty Corp.Supreme Court of Florida · 1931
  2. Jo Ann Forman, Inc. v. National Council on Compensation Insurance, Inc.Court of Appeals of Tennessee · 1999
  3. Daugherty v. ToomeyTennessee Supreme Court · 1949
  4. In Re Will of Elijah PopeSupreme Court of North Carolina · 1905
  5. McCord v. Southern Ry. Co.Tennessee Supreme Court · 1948

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