Caffey v. Tindall

Citations

• 99 Miss. 851
• 56 So. 177

Syllabus

<p>1. Nuncupative Will. Construction. Presumption. Instructions. Pro-hate.</p> <p>A description in a will as “all my property” includes both real and personal property.</p> <p>2. Pkobate op Nuncupative Will. Instructions..</p> <p>In a proceeding to probate an alleged nuncupative will which purported to devise “all” of the testators property, it was error for the court to give an instruction to contestants that “the law presumes and in the absence of evidence to the contrary, conclusively presumes that the testator, if he was sane, knew that real estate would not pass under a nuncupative will.” As the knowledge or want of knowledge on the part of the testator is a fact to be proven in the. same manner that other facts are proven.</p> <p>3. Same.</p> <p>The law does presume, for some purposes, that all persons know the law; but not for the purpose of supplying evidence of a fact material to the controversy.</p>