Berry v. Lowrey

Citations

• 119 Miss. 582
• 81 So. 273

Syllabus

<p>1. Wills. Establishment. Lost will. Right of action to establish. Estop-pel.</p> <p>Where an uncle died and by his will left all of his property to his niece but her father destroyed the will and took possession of the property as the heir of his brother and afterwards the niece took under her father’s will certain property but not any part of the property left her by her uncle. In such case the niece was not estopped from subsequently bringing an action to probate her uncle’s will, which, without her knowledge, had been destroyed by her father and where, prior to taking under her father’s will, she had no knowledge of the execution and destruction of her uncle’s will.</p> <p>2. Wills. Probate. Right to probate. Lost will. Defense.</p> <p>In such case where a daughter brought an action to establish a lost will by her uncle devising her all of his property, and to have trustees to whom such property had been conveyed by her father as heir at law of her uncle, made parties defendant, it was no defense to such suit that the daughter had made no objection to her father’s conveyance of the property to the trustee and had taken a life tenancy in other property under her father’s will, since the only issue in such case was the right to have her uncle’s will probated.</p>