Estate of McKellar
Mississippi Supreme Court
380 So.2d 1273 (1980)
- Written by Sean Carroll, JD
Facts
Upon the death of Greta McKellar, Tiny Bell (plaintiff) filed a document in probate court purported to be McKellar’s will. The document was in McKellar’s handwriting and stated on the first page, “I, Greta Meador McKellar, being of sound mind and body, declare this to be my last Will and testimony [sic] concerning my real and personal property.” Other than this mention of McKellar’s name, however, the document did not contain McKellar’s signature. On the last page, the document stated, “The following have witness [sic] my writing of this five page will,” and then named three purported witnesses, who signed the document. None of the three purported witnesses, however, saw McKellar sign the document or heard McKellar state that she had signed the document. The chancery court of Lauderdale County found that the document was not signed by McKellar in a way that rendered it a valid will. Tiny Bell and others appealed the decision.
Rule of Law
Issue
Holding and Reasoning (Broom, J.)
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