35 Miss. 197
Decided April 15, 1858
Mississippi Supreme Court · decided 1858-04-15
<p>Will : instrument not designed as such not admissible to probate. — An instrument intended by the maker to operate as a deed, will not be entitled to probate as a will, although it may be inoperative as a deed.</p>
Cited by 1 later decisions — most recently July 1904
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1858-04-15
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¶1The question in this case is whether the instrument admitted to probate, as the last will and testament of L. F. Henderson,‘deceased, was designed by the deceased to operate as a will, or as a deed.
¶2We are of opinion that it was intended to operate as a deed, and whether it can so operate or not, it cannot be regarded as a will, for the reason that it was not designed as such.
¶3Decree reversed.