Mississippi Code
Miss. Code Ann. § 13-1-7 (2026)
and 13-1-9 - [Repealed]
✓ current as of July 2026
Repealed by Laws of 1991, ch. 573, § 141, eff.7/1/1991.
§ 13-1-7. [Codes, 1857, ch. 61, art. 190; 1871, § 758; 1880, § 1602; 1892, § 1740; 1906, § 1917; Hemingway's 1917, § 1577; 1930, § 1529; 1942, § 1690; Laws, 1896, p. 107] § 13-1-9. [Codes, 1880, § 1603; 1892, § 1741; 1906, § 1918; Hemingway's 1917, § 1578; 1930, § 1530; 1942, § 1691; Laws, 1882, p. 109]
Notes of Decisions
Cited in 13
cases, 1976–2000 · leading case: Sudduth v. State, 562 So. 2d 67 (Miss. 1990).
Sudduth v. State, 562 So. 2d 67 (Miss. 1990). “Defendant's argument in support of this assignment of error is directed to the weight of the evidence and credibility of the witnesses who testified as to defendant's admission, because the witnesses were convicts.”
Hall v. State, 539 So. 2d 1338 (Miss. 1989). “[12] One notable exception was the Dead Man's Statute, Miss. Code Ann. § 13-1-7 . Here again, Rule 601 declares every person is competent to be a witness "except as restricted by Miss.”
Johnson v. Black, 469 So. 2d 88 (Miss. 1985). “On April 18, *90 1979, we reversed because the chancery court had excluded the testimony of Joe Mizell's widow, Lauree Mizell, on the authority of the dead man statute: Miss. Code Ann. § 13-1-7 (1972). Mizell v.”
Alexander v. State, 759 So. 2d 411 (Miss. 2000). “Defendant's argument in support of this assignment of error is directed to the weight of the evidence and credibility of the witnesses who testified as to the defendant's admission, because the witnesses were convicts.”
Whittington v. Whittington, 535 So. 2d 573 (Miss. 1988). “Miss. Code Ann. § 13-1-7 provides in part that: A person shall not testify as a witness to establish his own claim or defense against the estate of a deceased person, which originated during the lifetime of such deceased person, or to establish any claim he has transferred since…”
Webster v. Kennebrew, 443 So. 2d 850 (Miss. 1983). “The presence of some persons who could cast cloud or suspicion on this solemn occasion should be scrupulously avoided. In most of the will contest cases which come before this Court, we find one or more of these simple precautions have been ignored.”
Martin v. Wadlington, 337 So. 2d 706 (Miss. 1976). “On appeal, appellants contend that the chancellor erred in sustaining objections to Wadlington's testimony on the basis of the Dead Man's Statute [ Miss. Code Ann. § 13-1-7 (1972)]. Therefore, they were unable to prove that in previous years the deceased (lessor) had accepted…”
Medders v. Ryle, 458 So. 2d 685 (Miss. 1984). “Both parties to this controversy admit the incompetency of testimony of one seeking to establish his or her own claim against the estate of a deceased person under the “Deadman’s Statute” which in pertinent part states: A person shall not testify as a witness to establish [her]…”
Matter of Last Will & Testament of Dickey, 542 So. 2d 903 (Miss. 1989). “Neither of the parties testified as the case was tried in 1985 under the existing statute Miss. Code Ann. § 13-1-7 , commonly called the Dead Man's Statute, prohibiting a party from testifying to establish or defend his claim against an estate of a deceased person.”
Blanks v. Dickey, 542 So. 2d 903 (Miss. 1989). “Neither of the parties testified as the case was tried in 1985 under the existing statute Miss.Code Ann. § 13-1-7, commonly called the Dead Man’s Statute, prohibit ing a party from testifying to establish or defend his claim against an estate of a deceased person.”
Crawler Parts, Inc. v. Hill, 441 So. 2d 1357 (Miss. 1983). “§ 15-3-l(a)(1972), the Dead Man’s Statute, Miss. Code Ann. § 13-1-7 (1972), and “failure to state a cause of action”.”
Sudduth v. State, 562 So. 2d 67 (Miss. 1990). “Defendant’s argument in support of this assignment of error is directed to the weight of the evidence and credibility of the witnesses who testified as to defendant’s admission, because the witnesses were convicts.”
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