Hunter v. Hunter
Mississippi Supreme Court
Appeal from chancery court of Lauderdale county. Hon. G. 0. Tann, Chancellor. Proceeding by John Hunter and others, kinsmen of John G. 'Hunter, deceased, against Anthony D. Hunter, to contest decedent’s will. Verdict and decree for contestants, and Anthony D. Hunter appeals. The learned counsel cite some authorities from different states on construction of statutes which they say are similar to ours on the question of privileged communication.
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Appeal from chancery court of Lauderdale county. Hon. G. 0. Tann, Chancellor. Proceeding by John Hunter and others, kinsmen of John G. 'Hunter, deceased, against Anthony D. Hunter, to contest decedent’s will. Verdict and decree for contestants, and Anthony D. Hunter appeals. The learned counsel cite some authorities from different states on construction of statutes which they say are similar to ours on the question of privileged communication. We deem it unnecessary to discuss these decisions, because our court has passed upon it, in the case of MeGaw v. Turner et al., 88 So. 705, and,…
1Opinion of the CourtHolden, J.
This is a contest of the will of John G. Hunter, deceased, by the appellees, kinsmen. After the will was probated in common form the appellees filed a caveat upon which an issue of devisavit vel non was submitted to a jury, which found in favor of the contestants upon the ground that the testator was of unsound mind and mentally incapable of making a will at the time it was executed. From this verdict and decree this appeal is prosecuted.
At the trial testimony was submitted, by both sides, as to the testator’s mental capacity; there being a conflict in the proof on this issue before the jury.
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2Cases cited2 opinions
- Yazoo & M. V. R. v. MessinaMississippi Supreme Court · 1915
- McCaw v. TurnerMississippi Supreme Court · 1921
3Cited by4 opinions
- Watkins v. WatkinsMississippi Supreme Court · 1926
- Life Casualty Ins. Co. v. WaltersMississippi Supreme Court · 1937
- Dixie Greyhound Lines, Inc. v. MatthewsMississippi Supreme Court · 1936
- Keeton v. StateMississippi Supreme Court · 1936