Buffington v. Thomas
Mississippi Supreme Court
From the chancery court of Tazoo county. Hon. Robert B. Mayes, Chancellor. Buffington, the appellant, contested the will of his wife, Mamie; Mrs. Thomas, the appellee, was the contestee. From a decree probating and establishing the will the contestant appealed to the supreme court. The will was in-form a letter in the following words: “'San Antonio, Tex., Dec. 25, 1898. “Mr. Edward Drenning. “Dear Friend — This leaves me in bed with high fever.
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From the chancery court of Tazoo county. Hon. Robert B. Mayes, Chancellor. Buffington, the appellant, contested the will of his wife, Mamie; Mrs. Thomas, the appellee, was the contestee. From a decree probating and establishing the will the contestant appealed to the supreme court. The will was in-form a letter in the following words: “'San Antonio, Tex., Dec. 25, 1898. “Mr. Edward Drenning. “Dear Friend — This leaves me in bed with high fever. I do not know whether I shall live to see morning. I came to West Texas for my health and did very well until lately. I was taken with fever, from…
1Opinion of the CourtCalhoon, J.
The instrument was properly probated as a will- The acute attack of fever was the inducement to the woman to indicate-her last wishes, and her dominant idea was to express them, and to say what she wanted “in case I die,” and she gives her reason for the wish. The request to “answer at once” perhaps indicates only the desire to know whether the letter reached its destination. There is no presumption that it was designed to alter its nature. And so of the words “this is private.” Erom the purport of the whole paper, manifest reasons would militate against publication during the life of the…
2Cases cited1 opinion
- Eaton v. BrownSupreme Court of the United States · 1904
3Cited by13 opinions
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- Estate of SpencerCalifornia Court of Appeal · 1948
- Montague v. StreetNorth Dakota Supreme Court · 1930
- Prather v. PratherMississippi Supreme Court · 1910
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