Public-domain · open source
OpenJurist

83 Miss. 141

Redhead v. Redhead

Mississippi Supreme Court

Decided October 15, 1903

Mississippi Supreme Court · decided 1903-10-15

Eeom the chancery court of Wilkinson county. Hon. Widliam P. S. VeNtbess, Chancellor. Joseph Redhead, and. others, appellees, propounded for probate an instrument of writing as the last will and testament of John A. Redhead, deceased. Mrs. Redhead, appellant, objected to its probation.

Key passage — most relied on by later courts

“Realizing the uncertainty of life at all times, and the dangers incident to travel, I leave this as a memoranda of my wishes should anything happen to me during my intended trip to Buffalo and other places. ( 83 Miss. at 143 , 35 So. at 761)”

quoted by 1 later decision, including Brown v. Martin

Good law ✅— No negative treatment on recordhow we know

Decided 1903-10-15

How this case has been cited

Cited by 5 later decisions — most recently June 1967

5 state decisions

201903191019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

CalhooN, J.,

¶1delivered the opinion of the court.

¶2The will of John A. Redhead begins thus: “Realizing the uncertainty of life at all times, and the dangers incident to travel, I leave this as a memoranda of my wishes should anything happen to me during my intended trip to Buffalo and other places.”' It then makes elaborate disposition of his estate, appoints administrators, and concludes thus: “This is a memoranda of my wishes, and I hope it will be agreeable to all parties concerned,, and they will respect them.” It is dated August 24, 1901. lie took his contemplated trip, got back home in October, 1901> and died there March 4, 1902, without other or further disposition of his property. The chancellor below, on an issue devisavit vel non, admitted this paper as a valid will. We unhesitatingly decide as he did. The dangers incident to his contemplated journey, together with “the uncertainties of life at all times,” were the occasion of his execution of this instru*144ment, and its validity was not contingent upon bis death abroad. 29 Am. & Eng. Enc. Law, pp. 130-132, and notes.

¶3Affirmed.

Tbuly, J., took no part in the decision of this case.
/83/miss/141 · .json · Public domain