Legal Opinion

Kelly v. Davis

Mississippi Supreme Court

Decided April 15, 1859PublishedCited by 17 opinions

Appeal from the Court of Probates of Hinds county. Hon. John N. Robb, judge. It appears from the return that Littleton Kelly died in Hinds county, in May, 1849, leaving a paper purporting to be his last will and testament, which was presented by Hiram Kelly, the executor therein named, to the Probate Co.urt of Hinds county for probate, and admitted to probate, on due proof by the subscribing witnesses, and letters testamentary granted thereon to said Hiram Kelly, at the July…

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Appeal from the Court of Probates of Hinds county. Hon. John N. Robb, judge. It appears from the return that Littleton Kelly died in Hinds county, in May, 1849, leaving a paper purporting to be his last will and testament, which was presented by Hiram Kelly, the executor therein named, to the Probate Co.urt of Hinds county for probate, and admitted to probate, on due proof by the subscribing witnesses, and letters testamentary granted thereon to said Hiram Kelly, at the July term of the Probate Court, 1849. By this instrument, the property of the supposed testator was directed to be equally…

1Opinion of the Court

Handy, J.,

delivered the opinion of the court.-

This case is brought up by appeal from a decree of the Court of Probates of Hinds county, disallowing exceptions taken to the final account of Baldwin H. Beauchamp, administrator, with the will annexed of Littleton Kelly, deceased.

The facts necessary to be taken into view in considering the errors insisted upon by the appellants, are in substance as follows:

At July term, 1849, of the Court of Probates of Hinds county, a paper writing, purporting to be the last will and testament of *100Littleton Kelly, late of that county, deceased, was admitted to…

2Cases cited2 opinions

  1. Mumper's AppealSupreme Court of Pennsylvania · 1842
  2. Bradford v. BoudinotU.S. Circuit Court for the District of Pennsylvania · 1811

3Cited by17 opinions

  1. Dodd v. . AndersonNew York Court of Appeals · 1910
  2. In re Estate of SmithSupreme Court of Iowa · 1914
  3. Murray v. MurphyMississippi Supreme Court · 1860
  4. In Re O'brien's EstateWashington Supreme Court · 1942
  5. Matter of Estate of McClerkinMississippi Supreme Court · 1995

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