Legal Opinion

Edwards v. Gaulding

Mississippi Supreme Court

Decided October 15, 1859PublishedCited by 15 opinions

Appeal from the Court of Probates of Hinds county. Hon. John H. Robb, judge. ■ Cecilia Reagan, who was an illegitimate child of Jemima Cotton, died in the year 1852, without issue. The said Jemima also had another illegitimate child, viz., Josiah Horton, who died in the year 1845, leaving the appellees, his legitimate children, surviving him.

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Appeal from the Court of Probates of Hinds county. Hon. John H. Robb, judge. ■ Cecilia Reagan, who was an illegitimate child of Jemima Cotton, died in the year 1852, without issue. The said Jemima also had another illegitimate child, viz., Josiah Horton, who died in the year 1845, leaving the appellees, his legitimate children, surviving him. After the marriage of said Jemima, she had issue, Roderick Rut-land, who was living at the death of said Cecilia Reagan, his illegitimate half-sister. A nuncupative will of the said Cecilia, bequeathing and devising most of her estate, worth about…

1Opinion of the CourtHarris, J.

The nuncupative will of Cecilia Reagen, deceased, was admitted to probate in common form, in the Probate Court of Hinds county, on the testimony of George J. Hulme and William L. Rhodes.

Roderick M. Rutland, claiming tobe the brother of the decedent, and Archibald A. Gaulding et al., claiming to be the nephews and nieces of the said Cecilia, filed their petition in the Court of Probates, as the heirs at law of said Cecilia, seeking to set aside the probate upon the ground of fraud, mental incapacity, and the invalidity of the acts relied on to establish a nuncupative will.

The answer to the…

2Cited by15 opinions

  1. People v. Briggs, Oyer and Terminer, Albany County1880
  2. Tucker v. WhiteheadMississippi Supreme Court · 1882
  3. Byrd v. StateMississippi Supreme Court · 1879
  4. Amory v. AmoryWisconsin Supreme Court · 1870
  5. Foster v. LeeSupreme Court of Alabama · 1911

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