Morgan v. Hayward

• Decision Date: 09 July 1917
• Docket Number: 19588
• Court: Mississippi Supreme Court
• Parties: MORGAN ET AL. v. HAYWARD

76 So. 262

115 Miss. 354

MORGAN ET AL. v. HAYWARD

No. 19588

Supreme Court of Mississippi

July 9, 1917

Division B

APPEAL from the chancery court of Leflore county, HON. JOE MAY Chancellor.

Petition by Mrs. M. B. Hayward against H. C. Morgan and others. From an order overruling a demurrer to the petition, defendants appeal.

The facts are fully stated in the opinion of the court.

Decree reversed.

Pollard & Hammer, for appellants.

Yerger & Hughston, for appellee.

OPINION

STEVENS, J.

Appellee Mrs. Hayward, presented her petition to the chancery court of Leflore county, praying that a certain letter exhibited with the petition be admitted to probate as the last will and testament of her father, W. H. Morgan, deceased. Appellee is one of the heirs of W. H. Morgan, deceased, while the appellants are the other heirs at law. The letter charged to be a will reads as follows:

"Greenwood Miss., Feb. 20th 1900.

Dear Belle. Don't be uneasy about your interest--I am as anxious as it is possible to take care of it for you, I don't want to do anything that would not be protection to you--a mortgage by you would not protect you--as the land could be sold subject to the mortgage--and I assure you that I will return you a good title to the land--which you have not now--when I get it in a shape that it cannot be taken from you--I am carrying a life policy in your favor--If I did not desire to protect you--would I do this. You must recognize the fact that I am the best friend you have--You are now depending on me for everything--and I am doing my best to protect you--Louis has some of the claims against you--and this will enable me to take them up-- and fix matters before the others are pushed--of course I can hold the land here, as you hold it, in trust as it stands now but I don't want any lawsuits about it. These are expensive. I can get the money here on good time and terms--so as to be easy on me and easy on you--You can draw it here as you need it--I will give you a deed to it so that under all circumstances you will hold it.

"You can keep this letter and if any thing happens to me before I can complete it I here declaim that this land is for you at my death.

"Your loving father,

W. H. MORGAN.

The petition recites that W. H. Morgan died September 27, 1905 more than ten years prior to the date of filing the petition, and that his estate had been fully administered under the decrees and orders of the chancery court, under the assumption that the deceased died intestate, and the administrator had long since been discharged. There was a demurrer to the petition, the demurrer was overruled, and an appeal granted to settle the principles of the case. One of the grounds of demurrer is directed to...