Mims v. Johnson

Citations

• 129 Miss. 403
• 92 So. 577

Syllabus

<p>Wills. In suit to probate a will, and to cancel the probate of prior will, the burden of proof was on complainant.</p> <p>In a suit in chancery to establish and probate a will, and cancel the probation in common form of a prior will, where the evidence is conflicting as to capacity of the testator to make a will at the time of the execution of the last instrument, it was error to instruct the jury, for the complainant, that the burden of proof is on the defendant. Sheehan ‡. Kearney, 82 Miss. 688, 21 So. 41, 35 L. R. A. 102, cited.</p>