On the trial of such issue, the proponent of the will shall have the affirmative of the issue and be entitled to all the rights of one occupying such position. The witnesses shall be examined orally before the jury, except where in the circuit court depositions would be admissible; and the testimony taken on the probate of the will shall be admissible if the witnesses who delivered it be dead, out of the state, or have since become incompetent.
Miss. Code Ann. § 91-7-29
Trial of issue devisavit vel non
Applied in 3 court decisions — leading case 555 So. 2d 64 - Clardy v. National Bank of Commerce (1989)
Most recently applied in 968 So. 2d 475 - In Re Estate of Woodfield (November 2006)
Codes, 1880, § 1971; 1892, § 1825; 1906, § 2000; Hemingway’s 1917, § 1665; 1930, § 1612; 1942, § 508.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.