Sheehan v. Kearney

Citations

• 82 Miss. 688

Syllabus

<p>1.Wills. Signing. Code 1892, g 1520. Code 1892, $ 4488.</p> <p>Code 1892, § 4488, providing that a will shall he signed by the testator or by some person in his presence at his direction, is not qualified by Code 1892, § 1520, defining the word “written” and providing that it may include printing, engraving and lithographing, except where the signature -of a person is required by law it shall be the proper handwriting of such person, if he be able to write, and if not, his proper mark.</p> <p>2. Same. Aiding testator to sign. Mark of person who can write.</p> <p>Another may aid a testator to sign his will, by steadying his hand, and a testator who can write may sign his will by his mark.</p> <p>3. Same. Evidence. Declarations of testator.</p> <p>The declarations of a testator touching his testamentary intentions are admissible in evidence on the issue of testamentary capacity and undue influence, whether made before, at the time or after the execution of the will.</p> <p>4. Same. Contest. Burden of proof. Probation prima facie.</p> <p>The burden of proof is on the proponents of a will on an issue devisamt vel non both as to testamentary capacity and undue influence, hut they make out their case prima facie by showing the due probation of the will.</p> <p>5. Same. Evidence in rebxittal.</p> <p>After .contestants have introduced their evidence on the issue devisamt vel non to meet the prima facie case made by showing the due probation of the will, the proponents may introduce evidence in rebuttal.</p> <p>6.Same. Non-expert witnesses.</p> <p>Non-expert witnesses may give their opinions touching the soundness of testator’s mind only as based on the facts testified to by them.</p>