King v. Rowan
Mississippi Supreme Court
From the chancery court of Copiah county. Hon. Henry O. Conn,'Chancellor. The suit was a contest of the will of Mrs. Fvaline King, deceased widow of the late Col. Benjamin King, of Copiah county. Rowan and others, appellees, grandchildren of the testator, were the contestants, and Benjamin King and Mrs. Eva King Bloom, appellants, a son and a daughter, respectively, of the testatrix, were the proponents of the will.
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From the chancery court of Copiah county. Hon. Henry O. Conn,'Chancellor. The suit was a contest of the will of Mrs. Fvaline King, deceased widow of the late Col. Benjamin King, of Copiah county. Rowan and others, appellees, grandchildren of the testator, were the contestants, and Benjamin King and Mrs. Eva King Bloom, appellants, a son and a daughter, respectively, of the testatrix, were the proponents of the will. By the terms of the will one-third, approximately, of the testatrix’s estate was devised and bequeathed to her son, Benjamin, and two-thirds, approximately, thereof to her…
1Opinion of the CourtWhitfield, C. J.
The court below properly refused instruction No. 2, asked by the proponents. It is not the law that the testimony of subscribing witnesses is entitled to any greater weight than that of other witnesses with equal opportunities for observation. The *13charge proceeds upon the idea that the mere fact of being subscribing witnesses entitled their testimony 'to' such greater weight. It does not proceed upon the theory that the value of the testimony of such witnesses is due to the fact simply that they do actually improve the opportunity given them for the more accurate and careful observation of…
2Cases cited4 opinions
- In re Estate of McDevittCalifornia Supreme Court · 1892
- Mullins v. CottrellMississippi Supreme Court · 1866
- Crandall's Appeal From ProbateSupreme Court of Connecticut · 1893
- Kansas City, Memphis & Birmingham Railroad v. CantrellMississippi Supreme Court · 1892
3Cited by11 opinions
- Moor v. ParksMississippi Supreme Court · 1920
- Jamison v. JamisonMississippi Supreme Court · 1909
- Matter of Estate of EdwardsMississippi Supreme Court · 1988
- Genna v. HarringtonMississippi Supreme Court · 1971
- Scally v. WardlawMississippi Supreme Court · 1920
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