In the Matter of the Estate of Howard Griffith, Deceased: Garland Griffith v. Jimmy Griffith and Jerry Griffith

Summary

The Supreme Court of Mississippi affirmed the rejection of a purported will because the two subscribing witnesses lacked knowledge that the document they signed was the decedent's will. The court held that Mississippi Code Section 91-5-1 requires attesting witnesses to know the purpose of their attestation, which may be established through express or constructive publication.

Holdings

1. The chancellor did not manifestly err in crediting Scott's and Bell's hearing testimony and finding that they were unaware they had witnessed Howard Griffith's will.
2. Mississippi Code section 91-5-1 requires attesting witnesses to have some knowledge that the document being signed is the testator's last will and testament, even when the testator signs the will in their presence.
3. The purported will was not duly executed because Scott and Bell lacked knowledge that the document they signed was Howard Griffith's last will and testament.

Questions Presented

1. Whether the chancellor manifestly erred by finding that the attesting witnesses lacked knowledge that they were witnessing Howard Griffith's will.
2. Whether Mississippi Code section 91-5-1 requires attesting witnesses to know that the document they sign is the testator's will or otherwise know the purpose of their attestation.
3. Whether the purported will was validly executed when the witnesses lacked knowledge of the nature and purpose of the document.

Disposition

affirmed