Ward v. Ward
Mississippi Supreme Court
Appeal from chancery court of Attala county. Hon. J. A. Brantley, Chancellor. Proceedings by R. S. Ward for the probate of the Avill of Ben L. Ward, deceased, in which Mrs. Sallie Ward filed a cmeat. Decree for contestant, and proponent appeals. Upon the conclusion of the evidence the proponents asked for a peremptory instruction, Avhich was refused. The proponents then asked a peremptory instruction upon undue influence, which was also refused.
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Appeal from chancery court of Attala county. Hon. J. A. Brantley, Chancellor. Proceedings by R. S. Ward for the probate of the Avill of Ben L. Ward, deceased, in which Mrs. Sallie Ward filed a cmeat. Decree for contestant, and proponent appeals. Upon the conclusion of the evidence the proponents asked for a peremptory instruction, Avhich was refused. The proponents then asked a peremptory instruction upon undue influence, which was also refused. The proponents asked a peremptory instruction on the issue of insanity or lack of capacity to make a will, which was likewise refused, all of which…
1Opinion of the Court
Sykes, J.,
delivered filie opinion of the court.
Ben L, Ward left surviving him at his death his wife, Mrs. Sallie Ward, and no children. By will he devised to his wife a life interest in a part of his real estate, with *705remainder to some nieces and nephews. The balance of his real estate was devised to these same nieces and nephews. After Mr. Ward’s death the will was offered for probate, and a caveat was filed against its probation by Mrs. Ward, the widow, and an issue of devisavit vel non was made. The two questions presented under this issue were lack of testamentary capacity and undue…
2Cases cited13 opinions
- Sheehan v. KearneyMississippi Supreme Court · 1903
- Burnett v. SmithMississippi Supreme Court · 1908
- Whitehead v. KirkMississippi Supreme Court · 1913
- Jamison v. JamisonMississippi Supreme Court · 1909
- Scally v. WardlawMississippi Supreme Court · 1920
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Matter of Estate of EdwardsMississippi Supreme Court · 1988
- Hickey v. ANDERSONMississippi Supreme Court · 1951
- Fortenberry v. HerringtonMississippi Supreme Court · 1940
- Warren v. Sidney's EstateMississippi Supreme Court · 1938
- White v. InmanMississippi Supreme Court · 1951
5 more not listed; retrieve them via the Exa API.