Swanzy v. Kolb

Citations

• 94 Miss. 10
• 46 So. 549

Syllabus

<p>1. Wills. Credible witness. Code 1871, § 2388. Code 1880, § 1262. Code 1892, § 4488. Code 1906, § 5078.</p> <p>The word “credible” in Code 1871, § 2388, providing that if a will is not wholly written and subscribed by testator, it shall be subscribed by three “credible, witnesses” in case of a devise of real ■ estate, is synonymous with “competent.</p> <p>2. Same. Devise to subscribing witness. Statutes. Code 1871, § 1101. ■ ■ Code 1880, § 1973. Code 1892, ■§ 1826. Code 1906, § 2001.</p> <p>Under Code 1871, § 1101, providing that if any person shall be a subscribing witness to a will whereby any devise or bequest is made to him, and the will cannot “otherwise be proved,” such devise or bequest shall be void and the witness shall be competent as to the residue of the will, as if no such devise or bequest had been made:—</p> <p>(a) The words “otherwise bo proved” refer to proof of the execution of the will and not to its contents; and</p> <p>(b) A will- signed by three witnesses (the then statutory number), to one of whom a devise is given by the will, is not void; the devise is void and the witness competent to establish the residue of the will.</p>