Magee v. McNeil
Mississippi Supreme Court
Appeal from Probate Court of Franklin county. Hon. R. M. Nelson, special judge. Appellants, as the next of kin of D. H. Parker, deceased, filed their petition at the February term, 1864, of the Probate Court of Franklin county, against appellees, as executors of the last will and testament of the said D. H. Parker. At the March term, 1863, of said court, on an ex parte application by ■ appellees, the will of said Parker had been admitted to probate.
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Appeal from Probate Court of Franklin county. Hon. R. M. Nelson, special judge. Appellants, as the next of kin of D. H. Parker, deceased, filed their petition at the February term, 1864, of the Probate Court of Franklin county, against appellees, as executors of the last will and testament of the said D. H. Parker. At the March term, 1863, of said court, on an ex parte application by ■ appellees, the will of said Parker had been admitted to probate. The petition of appellants was filed for the purpose of contesting the validity of this will, and asks that an issue of devismit vel non be tried…
1Opinion of the CourtEllbtt, J.
This is an appeal from the Probate Court of Franklin county.
The appellants presented their petition to contest the validity *23of a paper admitted to probate as the last will and testament of D. H. Parker, deceased, and thereupon an issue of devismit vel non was made up, and tried before a jury in the said court. The alleged testamentary paper was a letter from the deceased to his wife, the female appellee, in the course of which the following language is used, to wit: “ But we do not know about these things, and it is well enough to arrange them before hand, and if I never get back to you, I…
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