Carter v. Harvey
Mississippi Supreme Court
From the chancery court of Oktibbeha county. I'loN. Baxter McFarlaND, Chancellor. William H. Harvey, and others, appellees, were the complainants in the court below; the appellants, John A. Carter and. ethers, were defendants there. Ella A. Harvey died in June, 1885, leaving her husband, appellee, William H. Harvey, and three infant children as her heirs. She was, for some time after her death, believed to have died intestate.
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From the chancery court of Oktibbeha county. I'loN. Baxter McFarlaND, Chancellor. William H. Harvey, and others, appellees, were the complainants in the court below; the appellants, John A. Carter and. ethers, were defendants there. Ella A. Harvey died in June, 1885, leaving her husband, appellee, William H. Harvey, and three infant children as her heirs. She was, for some time after her death, believed to have died intestate. Appellants owned a judgment against W. H. Harvey. In March, 1886, they had the interest of W. H. Harvey in the lands left by his wife levied upon under execution and…
1Opinion of the CourtWoods, C. J.
1. Looking at all the evidence in the record, documentary and other, we have no hesitation whatever in affirming the finding of the learned court below as to the genuineness of the paper purporting to be the will of Mrs. Harvey. That the paper was wholly written and signed by testatrix is overwhelmingly establishing by'all the evidence.
2. The will of Mrs. Harvey did not fail to make any provision for her husband. The error of the counsel for appellant arises out of his reading into § 4497 of our code the words any “adequate” or “sufficient” provision for the husband. The plain and unambiguous…
2Cited by4 opinions
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- Estate of Mullins v. Estate of MullinsMississippi Supreme Court · 1960
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- Love v. PogueMissouri Court of Appeals · 1983