Pratt v. Hargreaves

Mississippi Supreme Court March 15, 1898

Pratt v. Hargreaves, 75 Miss. 897 (Miss. 1898)

Whitfield

Opinion of the Court

Whitfield, J.,

delivered the opinion of the court.

The only issue proper in the court below was devisavit vel *904non. Whether the will was obtained by undue influence was mere matter of evidence under that issue; whether the proponent offered the original or a duly authenticated copy, was mode of probate, not an issue. We prefer to brush aside the irregularities of the procedure below, and say only what is necessary as a guide on a new trial. Since the parties submitted to the court, by agreement, the question of fact whether the testatrix was a resident and citizen of Louisiana or Mississippi, 8nd the court decided she was a resident and citizen of Mississippi, on testimony, none of which is brought before us by any bill of exceptions, that finding is affirmed.

The action of the court in compelling proponent to elect whether he would offer the original or an authenticated copy, and in discharging the jury, and not proceeding with the trial of the only proper issue, is reversed, and cause remanded for a new trial of that issue.

Reference

Full Case Name: George K. Pratt v. Bella P. Hargreaves
Cited By: 2 cases
Status: Published
Syllabus: 1. Winns. Nuncupative will. Made by public act in Louisiana. Probate in Mississippi. On the trial of an issue of devisumit vel non, it is error to require the proponent to elect whether he will produce the original or an authenticated copy of the notarial act evidencing a nuncupative will made in Louisiana, under the peculiar laws of that state, and, on his offering the copy, to exclude the same from probate, because, by the determination of a question of fact submitted to the court, it was then ascertained that the testatrix, at the time of her death, was a citizen and resident of Mississippi, and the will, therefore, held not to be provable by copy. 3. Same. Question of fact. Chancery practice. Bill of exceptions. A finding of fact on the trial of an issue of devisumit vel non, that the testatrix, at the time of her decease, was a citizen and resident of this state, will not be disturbed on appeal, in the absence of a bill of exceptions embodying- the evidence.