Martin v. Perkins
Mississippi Supreme Court
Appeal from the Chancery Court of Yalobusha County. Hon. A. B. Fly, Chancellor. The case is stated in the opinion of the court. 1. It is not necessary, in the “ ordinary probate of a will,” or the probate in common form, under our statutes, that the attesting witnesses should depose to the sanity of the testator.
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Appeal from the Chancery Court of Yalobusha County. Hon. A. B. Fly, Chancellor. The case is stated in the opinion of the court. 1. It is not necessary, in the “ ordinary probate of a will,” or the probate in common form, under our statutes, that the attesting witnesses should depose to the sanity of the testator. The presumption of sanity dispenses with proof thereof. 2 Greenl. on Ev., sect. 689 ; Payne v. Banlcs, 32 Miss. 292; 1 Jar. on Wills, 72; Redf. on Wills, 30, 40, 42, 15, note 21. The witnesses are produced to “ testify as to the execution.” Code 1871, sect. 1117. 2. The matter of the…
1Opinion of the CourtSimrall, C. J.
The agreed record makes this case: M. A. Williams, widow and devisee of Bayles E. Williams, deceased, propounded for probate, in common form, a paper purporting to be the last will and testament of her deceased husband, to the clerk of the Chancery Court, in vacation. The subscribing witnesses declined to make oath before the clerk that the testator, at the time of the execution of the paper, was of “ sound and disposing mind and memory,” and for that reason the clerk declined to admit the paper to probate and record as the last will and testament of the deceased. At the next.succeeding term…
2Cited by10 opinions
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