Legal Opinion

Hewes v. Hewes

Mississippi Supreme Court

Decided March 15, 1916PublishedCited by 6 opinions

Appeal from the chancery court of Harrison county. Hon. J. Morgan Stevens, Chancellor. Petition by Newton L. Hewes and others for probate of the will of Fannie Gr. Henderson deceased. F'rom a decree in favor of the proponents allowing the probate, contestants appeal. The facts are fully, stated in the opinion of the court.

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Appeal from the chancery court of Harrison county. Hon. J. Morgan Stevens, Chancellor. Petition by Newton L. Hewes and others for probate of the will of Fannie Gr. Henderson deceased. F'rom a decree in favor of the proponents allowing the probate, contestants appeal. The facts are fully, stated in the opinion of the court. It was never contended in this case, nor is it now contended that a will properly attested may not adopt anoth■er paper by proper reference, and make it a part of a will where the will so adopted, is not holographic. Where a will is wholly written and signed by the…

1Opinion of the Court

Smith, C. J.,

delivered the opinion of the court. >

This is an appeal from a decree of the court beloY admitting to probate three instruments as the will of Mrs. Fannie G-. Henderson, deceased. On the 30th day of April, A.. D. 1911, Mrs. Henderson executed a will, the only item of which reads as follows:

“Whatever property I may die seized and possessed of real or mixed wherever situate I will, and devise & bequeath to Julia E. Smith to take & enjoy the usufruct thereof for & during’ her natural life time, for the sole support & maintenance of herself & her sister Helen L. Sheffield both of the…

2Cited by6 opinions

  1. Hinson v. HinsonTexas Supreme Court · 1955
  2. Howell v. MooreCourt of Appeals of Tennessee · 1930
  3. Richardson v. BeebeeCalifornia Court of Appeal · 1953
  4. Watts v. ChoateMontana Supreme Court · 1945
  5. Maines v. DavisMississippi Supreme Court · 1969

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