Mississippi Supreme Court, 1879

Broach v. Sing

Broach v. Sing
Mississippi Supreme Court · Decided October 15, 1879 · Campbell
57 Miss. 115
Broach v. Sing

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

Campbell, J.,

delivered the opinion of the court.

A demurrer to the evidence on the trial of an issue devisavit. vel non is admissible. The question propounded to the witness was a leading one, and was properly rejected. The evidence was wholly insufficient to establish the alleged nun-cupative will. The rogatio testium required by law was not proved. There is no satisfactory evidence of the animus testandi.

Decree affirmed.

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