Smith v. Hinton

JAMES E. BOST, Commissioner for the Court:1

This case was previously before the Supreme Court styled Smith v. Hinton, 349 So.2d 510 (Miss.1977). In the decision there, *964the principal question before the Court was whether or not undue influence was exercised by Hinton in obtaining an insurance policy and whether or not the Dead Man Statute applied. (The chancellor declined to permit Smith to testify). We held that the chancellor was in error in deciding the Dead Man Statute applied and that Smith could not testify. We affirmed his action in deciding that Hinton was not guilty of undue influence.

O…