MS · jury_instructions
Proposed Mississippi Plain Language Model Jury Instructions - Civil 4902
Will Contests - Requirements in General - General Instruction and Verdict Form
General Instruction
[Name of proponent] has offered a document to be admitted as [name of testator]’s will
for probate. To establish that the document is [name of testator]’s will, [name of proponent] must
prove all of the following are more likely true than not true:
1. [Name of testator], the testator, [agreed/acknowledged/stated] that the document was in fact
[his/her] will to two (2) witnesses, [name of witness 1] and [name of witness 2];
2. [Name of testator] either signed the will with [his/her] signature; made a mark intended as
[his/her] signature on the will; or specifically asked [name of signer] [or someone else] to sign
the will in [name of testator]’s presence on [his/her] behalf, and adopted that signature as
[his/her] own; and
3. [Name of witness 1] and [name of witness 2] signed and witnessed the will in the conscious
presence of [name of testator] and at [name of testator]’s request.
Verdict Form
We answer the questions submitted to us as follows:
1. Did [name of testator], the testator, [agree/acknowledge/state] that the document was in fact
[his/her] will to two (2) witnesses, [name of witness 1] and [name of witness 2]?
YES _______ NO _______
If your answer to question 1 is YES, then answer question 2. If you answered NO, stop
here and tell the bailiff (or you must return a verdict in favor of [name of contestant]).
2. Did [name of testator] either sign the will with [his/her] signature; make a mark intended as
[his/her] signature on the will; or specifically ask [name of signer] [or someone else] to sign the
will in [name of testator]’s presence on [his/her] behalf and adopt that signature as [his/her]
own?
YES _______ NO _______
If your answer to question 2 is YES, then answer question 3. If you answered NO, stop
here and tell the bailiff (or you must return a verdict in favor of [name of contestant]).
3. Did [name of witness 1] and [name of witness 2] sign and witness the will in the conscious
presence of [name of testator] and at [name of testator]’s request?
YES _______ NO _______
If your answers to questions 1-3 are YES, then you must return a verdict in favor of
[name of proponent]. If you answered NO, stop here and tell the bailiff (or you must return a
verdict in favor of [name of contestant]).
History
Proposed Mississippi Plain Language Model Jury Instructions - Civil 4902 (current as of February 17, 2012). Submitted in 2012 by the Mississippi Model Jury Instructions Commission (created by the Supreme Court of Mississippi by order of December 30, 2008) and published by the Court on courts.ms.gov. The Court states that these model jury instructions have not been adopted or approved by the Supreme Court of Mississippi.
Provenance
- Source
- courts.ms.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
68b8a0f0ac23eee2b86f79348149f65216a80f82732c3215d1aa016c33b16d27
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