Minor v. Russell

Citations

• 126 Miss. 228
• 88 So. 633

Syllabus

<p>Wills. Forcibly preventing testator from, changing will held not such a change in conditions or circumstances as to amount to a revocation by implication.</p> <p>Where the testator is forcibly prevented from changing his will immediately prior to his death, this fact is not such a change in conditions or circumstances as warrants a 1 revocation by implication,” such conduct of the testator being an attempt to expressly revoke the will, which can be done only as provided by section 5079, Code of 1906 (section 3367, Hemingway’s Code), and where the unsuccessful attempt is merely to change the will in some unknown respect, such change might not amount to a revocation under any circumstances.</p>