Helm v. Sheeks
Mississippi Supreme Court
Appeal from the chancery court of Noxubee county. - Hon. Albert Y. Woodward, Chancellor. Proceeding by Mrs. M. T. Helm to probate a will. Mrs. W. B. Sheeks and others filed a caveat.. Prom a judgment for the latter, the former appeals. The facts are fully stated in the opinion of the court.
1ConcurrenceStevens, J.
(specially concurring). I concur in the result reached by the court that the case must be reversed. I concur on all points discussed in the opinion of *734the court except, the one and important question as to the competency of Mrs. Mary T. Helm as a witness in her own behalf. On this point I dissent from the holding of the court, and it is upon this point alone that I express my views. The vital question is, Shall a legatee be admitted as a competent witness to support the will? According to the previous decisions of this court and abundant authorities elsewhere, both American and English, the…
2Cases cited10 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Whitehead v. KirkMississippi Supreme Court · 1913
- Garvin's Administrator v. WilliamsSupreme Court of Missouri · 1872
- Tucker v. WhiteheadMississippi Supreme Court · 1882
- Mullins v. CottrellMississippi Supreme Court · 1866
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