Moor v. Parks
Mississippi Supreme Court
Appeal from Chancery Court of Tate County. Hon. Jas Gr. McG-owen, Chancellor. Proceeding by E. E Moore and others to probate In solemn form the last will of Jane T. Prichard, deceased, opposed by Cordelia E|. Parts and others. Proponents ’ motion for a peremptory instruction was denied, and they appeal.
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Appeal from Chancery Court of Tate County. Hon. Jas Gr. McG-owen, Chancellor. Proceeding by E. E Moore and others to probate In solemn form the last will of Jane T. Prichard, deceased, opposed by Cordelia E|. Parts and others. Proponents ’ motion for a peremptory instruction was denied, and they appeal. "Wje say that the motion to exclude all of this testimony and to direct a verdict in favor of the proponents of the will, should have been sustained, and the request for a peremptory instruction at the close of the testimony to direct the jury to return a verdict in favor of the proponents of…
1Opinion of the CourtSykes, J.
The petitioners, appellants, in the chancery court offered for probate in solemn form an alleged holographic will of Mrs. Jane T. Prichard dated December 25, 1903. All of the heirs, legatees, and devisees of the testatrix were made parties to the proceedings and duly appeared and filed answers and, in some instances, cross-bills. An issue of devisavit vel non was made.
The precise issues joined were: “(1) Said instrument was not signed, published, and declared by the testatrix as her last will and testament and was not made with testamentary intent. (2) Upon the date of the execution of said…
2Cases cited15 opinions
- Throckmorton v. HoltSupreme Court of the United States · 1901
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- In re Estate of McDevittCalifornia Supreme Court · 1892
- Waterman v. . WhitneyNew York Court of Appeals · 1854
- Sheehan v. KearneyMississippi Supreme Court · 1903
10 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- In Re Estate of MaskMississippi Supreme Court · 1997
- Peterson v. McMickenWyoming Supreme Court · 1954
- Matter of Estate of EdwardsMississippi Supreme Court · 1988
- Genna v. HarringtonMississippi Supreme Court · 1971
- Scally v. WardlawMississippi Supreme Court · 1920
26 more not listed; retrieve them via the Exa API.