Edwards v. Smith

35 Miss. 197 | Miss. | 1858

Per Curiam.

The 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.

We 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.

Decree reversed.