Whitehead v. Kirk
Mississippi Supreme Court
Appeal from the chancery court of Yazoo county. Hon. G. G. Lyell, Chancellor. The facts are fully stated in the opinion of the court. In this reply, we shall first reply to the suggestion of error filed by Judge Campbell; afterwards to the others.
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Appeal from the chancery court of Yazoo county. Hon. G. G. Lyell, Chancellor. The facts are fully stated in the opinion of the court. In this reply, we shall first reply to the suggestion of error filed by Judge Campbell; afterwards to the others. Judge J. A. P. Campbell, speaking of this court’s decision, begins his brief with this observation; “And that it is contrary to general professional understanding in this state, I think may be affirmed from the fact that the admission of Mrs. Kirk as a witness was not assigned as error or relied on by counsel who represented appellants' in the court…
1Opinion of the CourtCook, J.
W. J. Kirk died on the 30th day of November, 1911, childless, leaving his widow, L. Gr. Kirk, appellee here, his sole heir at law. On the 25th day of February, 1909, the deceased made a will devising all of his property to his three sisters, who are the appellants in this case. When this will was offered for probate, Mrs. Kirk, the widow, filed a caveat, protesting against the probate of the will because same was not executed in the manner and form required by law, because at the date of the will testator was not of sound mind and body, and was not capable of making a will, and because the…
2Cases cited23 opinions
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- Owen v. StateSupreme Court of Alabama · 1885
- Jacks v. BridewellMississippi Supreme Court · 1876
- Wickes v. WaldenIllinois Supreme Court · 1907
- Hitt v. TerryMississippi Supreme Court · 1908
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3Cited by41 opinions
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- Ford v. StateMississippi Supreme Court · 1969
- Menefee v. CommonwealthSupreme Court of Virginia · 1949
- Commonwealth v. ClarkSupreme Court of Pennsylvania · 1985
- Smith v. StateIndiana Supreme Court · 1926
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