Helm v. Sheeks
Mississippi Supreme Court
Appeal from the chancery court of Noxubee county. - Hon. Albert Y. Woodward, Chancellor. Proceeding by Mrs. M. T. Helm to probate a will. Mrs. W. B. Sheeks and others filed a caveat.. Prom a judgment for the latter, the former appeals. The facts are fully stated in the opinion of the court.
1ConcurrenceSmith, C. J.
The facts sought to be proven by Mrs. Helm existed, if at all, prior to the death of the testatrix, and,' if proven, will establish the validity of the will and consequently of the claim thereunder of the witness to the estate of the testatrix, so that the question here presented comes squarely within the rule announced in Whitehead v. Kirk, 104 Miss., at page 822, 61 So. 737, 62 So. 432, 51 L. R. A. (N. S.) 187 Ann. Cas. 1916A, 1051, and followed in Cooper v. Bell, 114 Miss. 766, 75 So. 767, which is that:
“Whenever a witness is offered for the purpose of proving any transaction, act,…
2Cases cited6 opinions
- Whitehead v. KirkMississippi Supreme Court · 1913
- Tucker v. WhiteheadMississippi Supreme Court · 1882
- Kelly v. MillerMississippi Supreme Court · 1860
- Covington v. FrankMississippi Supreme Court · 1900
- Cooper v. BellMississippi Supreme Court · 1917
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