77 So. 301 | Miss. | 1917
delivered the opinion of the court.
On the 30th day of June, 1915, E. M. Shrader died intestate. On July 10th of the same year one Emma Shrad
Among the witnesses examined upon this issue was “Addie.” “Emma” objected to her testimony upon the ground that her testimony was to establish her own claim against the estate of a deceased person “which originated during the lifetime of such deceased person.” Section 1917, Code 1906. The chancellor overruled this objection, upon the-theory that the claim did not originate during the lifetime of the deceased, relying upon the decision of this court in Covington v. Frank, 77 Miss. 606, 27 So. 1000. It seems to us that this question was not necessarily involved in the issue presented to the chancellor.
It appeared that the deceased was married to “Addie” some years before he is said to have married “Emma,” and that he had never been divorced from “Addie.” This was .proven by several witnesses other than “Addie.” So it was that it appeared that the deceased was claiming just one more wife than the law permitted him to enjoy. But the question as to who was the true wife might have been pretermitted to a final show-down when the claims against this estate would be the sole question for decision.
The conclusion we have reached we think disposes of all of the other assignments of error, for the reason before stated that the chancellor was entirely right in clearing the deck, preserving the estate, for the final showdown.
Affirmed.