Helm v. Sheeks

Citations

• 116 Miss. 726
• 77 So. 820

Syllabus

<p>1. Wills. Execution. Secondary evidence. Probate.</p> <p>When a will is presented for probate, secondary evidence cannot be used to establish its due execution, if any of the subscribing witnesses will and can prove the facts until they have been called or produced.</p> <p>2. Wills. Execution. Secondary evidence.</p> <p>Where a subscribing witness to a will was not within the state and an effort was made to take his deposition which was unavailing and counsel for the proponent of the will was led to believe that the witness would be at the trial, and that he would be a hostile witness. In such case it was competent to produce other witnesses bearing on the execution of the will, the sanity of the testatrix, and the question of undue influence.</p> <p>3. Witnesses. Will. Contest. Testimony of interested party.</p> <p>The testimony of a party cannot be received to establish or to destroy a will where the party testifying would become the recipient of the property of the decedent or some portion thereof. ' *</p> <p>4. Wills. Trial. Questions for jury.</p> <p>Under the facts as set out in its opinion in this case involving the validity of a will, the court held that the issues of execution, sanity of testatrix, and undue influence, should have been submitted to the jury.</p>