Donald v. Unger
Mississippi Supreme Court
From the chancery court of Attala county. Hon. A. M. Byrd, Chancellor. This wa's a proceeding to establish a nuncupative will as having been made by Elizabeth Julia Ann Unger, deceased. The facts, so far as necessary to an understanding of the decision, are stated in, or are clearly inferable from, the opinion of the court.
Read the full summary
From the chancery court of Attala county. Hon. A. M. Byrd, Chancellor. This wa's a proceeding to establish a nuncupative will as having been made by Elizabeth Julia Ann Unger, deceased. The facts, so far as necessary to an understanding of the decision, are stated in, or are clearly inferable from, the opinion of the court. In the case at bar it was not pretended that the testratrix was in the last extremity; on the contrary, the evidence shows that she contemplated having the will written, and that the words relied on as a will were spoken a week or ten days before death; that the last…
1Opinion of the CourtWhitfield, J.
Whether the phrase “last sickness,” in §4492, code of 1892, means in extremis in the sense that the party must not have reasonable time and opportunity to make a written will (as clearly intimated in Lucas v. Goff, 33 Miss., 644, and Parkison v. Parkison, 12 Smed. & M., 678, following Prince v. Hazletine, 20 Johnson 502, and the weight of authority), or not, as held in Johnson v. Glasscock, 2 Ala. (N. S.), 242, we think it is manifest —even under the views suggested in Sadler v. Sadler, 60 Miss., 251 — on the facts of this case, that the alleged will cannot be upheld as a nuncupative will.…
2Cases cited2 opinions
- Lucas v. GoffMississippi Supreme Court · 1857
- Sadler v. SadlerMississippi Supreme Court · 1882
3Cited by4 opinions
- Godfrey v. SmithNebraska Supreme Court · 1905
- Kennedy v. . DouglasSupreme Court of North Carolina · 1909
- Kennedy v. DouglasSupreme Court of North Carolina · 1909
- Lee v. BarrowMississippi Supreme Court · 1930