Sheehan v. Kearney
Mississippi Supreme Court
From the chancery court of Lauderdale county. ITon. Nathan C. Hill, Chancellor. Sheehan and others, appellants, were contestants, and Mrs. Kearney and others appellees, were proponents in the court below. The suit was a contest of the last will and testament of one Cornelius Sheehan, deceased. The court below peremptorily instructed the jury in favor of proponents, and from a decree based on a verdict so given the contestants appealed to the supreme court.
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From the chancery court of Lauderdale county. ITon. Nathan C. Hill, Chancellor. Sheehan and others, appellants, were contestants, and Mrs. Kearney and others appellees, were proponents in the court below. The suit was a contest of the last will and testament of one Cornelius Sheehan, deceased. The court below peremptorily instructed the jury in favor of proponents, and from a decree based on a verdict so given the contestants appealed to the supreme court. The opinion states all the facts necessary to an understanding of the case. [The briefs of counsel in this case have been withdrawn or…
1Opinion of the CourtWhiteield, J.
We do not think the court erred in refusing the peremptory instruction asked by the contestants, the appellants here; but it was clearly erroneous to have given the peremptory instruction asked by appellees, the proponents of the will, upon the testimony in this record. This was peculiarly a case for the jury, under proper instructions from the court, as to the law. A verdict for either party, on this testimony, should not have been disturbed by the court, under proper instructions as to the law. And, as the case must go back for a new trial, we refrain from the expression of any opinion on…
2Cases cited28 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Waterman v. . WhitneyNew York Court of Appeals · 1854
- In Re Proving the Will of MartinNew York Court of Appeals · 1885
- Tynan v. PaschalTexas Supreme Court · 1863
- Gilliam v. BrownMississippi Supreme Court · 1871
23 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Burnett v. SmithMississippi Supreme Court · 1908
- Harris v. SellersMississippi Supreme Court · 1984
- McGarrh v. StateMississippi Supreme Court · 1963
- Johnson v. ShaverSouth Dakota Supreme Court · 1919
- Moor v. ParksMississippi Supreme Court · 1920
48 more not listed; retrieve them via the Exa API.