Minor v. Russell
Mississippi Supreme Court
Appeal, from chancery court of Jackson county. Hon. D. M. Watkins, Chancellor. Proceedings by H. P. Bussell and others to probate the will of J. D. Minor, deceased, to which Harry H. Minor and others filed a caveat. A demurrer to the caveat was sustained, and contestants appeal.
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Appeal, from chancery court of Jackson county. Hon. D. M. Watkins, Chancellor. Proceedings by H. P. Bussell and others to probate the will of J. D. Minor, deceased, to which Harry H. Minor and others filed a caveat. A demurrer to the caveat was sustained, and contestants appeal. The statement of facts contained in the caveat filed herein is presumed to be true and correct as therein stated, and the cause having been disposed of by decree of the lower court, sustaining a demurrer to the caveat,' there is left nothing to be determined by the court, except that whether or not as a matter of law…
1Opinion of the CourtHolden, J.
This case presents a contest of the will of J. D. Minor, deceased, by the appellants, who filed a caveat against the probate. A demurrer to the caveat was sustained by the court, from which decree this appeal is prosecuted. No point is made with reference to this unusual method of pleading; and’, assuming the facts to be true as set up in the caveat, the question for our determination is whether or not the will Avas “revoked by implication.” AVe here set out the caveat, Avhich by the pleadings is taken to be true: “That said purported Avill is null and void, and is not the last Avill and…
2Cases cited2 opinions
- Hoy v. HoyMississippi Supreme Court · 1908
- Garrett v. DabneyMississippi Supreme Court · 1854
3Cited by2 opinions
- Hilton v. JohnsonMississippi Supreme Court · 1943
- Livelar v. ArnoldMississippi Supreme Court · 1970