Mississippi Supreme Court, 1858

Edwards v. Smith

Edwards v. Smith
Mississippi Supreme Court · Decided April 15, 1858
35 Miss. 197

Edwards v. Smith

Opinion of the Court

Per Curiam.

The question in this case is whether the instrument admitted to probate, as the last will and testament of L. F. Henderson,‘deceased, was designed by the deceased to operate as a will, or as a deed.

We are of opinion that it was intended to operate as a deed, and whether it can so operate or not, it cannot be regarded as a will, for the reason that it was not designed as such.

Decree reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.