Pratt v. Hargreaves

Citations

• 75 Miss. 897

Syllabus

<p>1. Winns. Nuncupative will. Made by public act in Louisiana. Probate in Mississippi.</p> <p>On the trial of an issue of devisumit vel non, it is error to require the proponent to elect whether he will produce the original or an authenticated copy of the notarial act evidencing a nuncupative will made in Louisiana, under the peculiar laws of that state, and, on his offering the copy, to exclude the same from probate, because, by the determination of a question of fact submitted to the court, it was then ascertained that the testatrix, at the time of her death, was a citizen and resident of Mississippi, and the will, therefore, held not to be provable by copy.</p> <p>3. Same. Question of fact. Chancery practice. Bill of exceptions.</p> <p>A finding of fact on the trial of an issue of devisumit vel non, that the testatrix, at the time of her decease, was a citizen and resident of this state, will not be disturbed on appeal, in the absence of a bill of exceptions embodying- the evidence.</p>