Tucker v. Whitehead
Mississippi Supreme Court
Appeal from the Chancery Court of Clay County. Hon. F. A. Crttz, Chancellor, having been of counsel in this case, Hon. T. B. Graham presided, by interchange.
Read the full summary
Appeal from the Chancery Court of Clay County. Hon. F. A. Crttz, Chancellor, having been of counsel in this case, Hon. T. B. Graham presided, by interchange. Upon the evidence stated in the opinion, the Chancellor, over the appellants’ objection, gave tbe following instructions for the appellee : “ (1) The issue to be determined by the jury is the validity of a will which has heretofore been duly admitted to probate as the last will and testament of P. W. Tucker, deceased, by this court. Such probate is prima facie evidence of the validity of the will, and the contestants are compelled, in…
1Opinion of the CourtChalmers, J.
A few days after the death of P. W. Tucker, there was found among his private papers a will bearing date about eighteen months before his death, perfect in all its parts, except that the name had been torn from it. By its provisions a considerable portion of his estate was devised to his niece, Miss Mary'M. Whitehead, and the residue directed to be equally divided among his brothers and sisters. The deceased was a bachelor, and his brother, Thomas M. Tucker, was known to have had *605free access to his papers during the period intervening between his death and the finding of the mutilated will.…
2Cases cited10 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Tynan v. PaschalTexas Supreme Court · 1863
- Garvin's Administrator v. WilliamsSupreme Court of Missouri · 1872
- Patterson v. HickeySupreme Court of Georgia · 1861
- Lawyer v. SmithMichigan Supreme Court · 1860
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- McElroy v. Phink, AdministratorTexas Supreme Court · 1903
- Sheehan v. KearneyMississippi Supreme Court · 1903
- Miller v. LivingstoneUtah Supreme Court · 1906
- Whitehead v. KirkMississippi Supreme Court · 1913
- Moor v. ParksMississippi Supreme Court · 1920
15 more not listed; retrieve them via the Exa API.