Every person eighteen (18) years of age or older, being of sound and disposing mind, shall have power, by last will and testament, or codicil in writing, to devise all the estate, right, title and interest in possession, reversion, or remainder, which he or she hath, or at the time of his or her death shall have, of, in, or to lands, tenements, hereditaments, or annuities, or rents charged upon or issuing out of them, or goods and chattels, and personal estate of any description whatever, provided such last will and testament, or codicil, be signed by the testator or testatrix, or by some other person in his or her presence and by his or her express direction. Moreover, if not wholly written and subscribed by himself or herself, it shall be attested by two (2) or more credible witnesses in the presence of the testator or testatrix.
Codes, Hutchinson's 1848, ch. 49, art. 1 (14); 1857, ch. 60, art. 34; 1871, § 2388; 1880, § 1262; 1892, § 4488; 1906, § 5078; Hemingway's 1917, § 3366; 1930, § 3550; 1942, § 657; Laws, 1970, ch. 324, § 1; Laws, 1973, ch. 314, § 1, eff. 3/14/1973.
Notes of Decisions
Est. of Griffith v. Griffith, 30 So. 3d 1190 (Miss. 2010).
· cites it 40× “Miss. Code Ann. § 91-5-1 (Rev.2004). It provides, in relevant part, that: [A] last will and testament, or codicil, [must] be signed by the testator or testatrix, or by some other person in his or her presence and by his or her express direction.”
Bronwyn Benoist Parker v. William Dean Benoist, 160 So. 3d 198 (Miss. 2015).
· cites it 8× “” Miss.Code Ann. § 91-5-1 (Rev.2013). The testator is not empowered to control assets that do not belong to him or her through a will, but may control only those things “which he or she hath, or at the time of his or her death shall have.”
Madden v. Rhodes, 626 So. 2d 608 (Miss. 1993).
· cites it 4× “" Miss. Code Ann. § 91-5-1 (Supp. 1992).”
NOBLIN v. Burgess, 54 So. 3d 282 (Miss. Ct. App. 2010).
· cites it 4× “Miss.Code Ann. § 91-5-1 (Rev.2004); In re Estate of Edwards v.”
Est. of Regan v. Est. of Leblanc, 179 So. 3d 1155 (Miss. Ct. App. 2015).
· cites it 4× “4 See Miss. Code Ann. § 91-5-1 . ¶12. Our precedent: provides that “[t]he expressed intent of the testator is the guiding star rather than ‘what he wished’ or may have wished.”
Est. of Thomas v. Thomas, 122 So. 3d 111 (Miss. Ct. App. 2013).
· cites it 10× “” Miss.Code Ann. § 91-5-1. There was evidence that Lorraine’s will was signed by her and was attested by two credible witnesses in their presence.”
In Re Est. of Mask, 703 So. 2d 852 (Miss. 1997).
· cites it 2× “NOTES [1] Miss. Code Ann. § 91-5-1 (1994) provides that "[e]very person eighteen (18) years of age or older, being of sound and disposing mind," shall have power to execute a will.”
Tinnin v. First United Bank of Mississippi, 502 So. 2d 659 (Miss. 1987).
· cites it 2× “Miss. Code Ann. § 91-5-1 (1972). It is exercised by the competent adult as he sees fit, subject to few limitations, [4] and where the testator has acted in conformity with our empowering statutory rules, his will is valid.”
Est. of Stamper, 607 So. 2d 1141 (Miss. 1992).
· cites it 2× “Miss. Code Ann. § 91-5-1 (1972); Matter of Collier, 381 So.”
Linda Gardner Callington v. Mae Otha Gardner, 228 So. 3d 921 (Miss. Ct. App. 2017).
· cites it 2× “” Miss. Code Ann. § 91-5-1 . (Rev. 2013), “Testamentary capacity is determined based on three factors: (1) whether the testator had the ability at the time of the will tp understand' and appreciate the effects of his act; (2) whether the testator had the ability at the time of…”
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