Walker v. Walker's
Supreme Court of Alabama
Appeal from the Probate Court of Dallas. IN the matter of tbe last will and testament of Joseph K. Walker, deceased, which was propounded for probate by William W. Hardy, the executor therein named, and contested by Thomas Walker, who was a brother and heir-at-law of the testator, on the grounds of fraud, undue influence, insufficient attestation and execution, and mental incapacity on the part of the testator.
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Appeal from the Probate Court of Dallas. IN the matter of tbe last will and testament of Joseph K. Walker, deceased, which was propounded for probate by William W. Hardy, the executor therein named, and contested by Thomas Walker, who was a brother and heir-at-law of the testator, on the grounds of fraud, undue influence, insufficient attestation and execution, and mental incapacity on the part of the testator. On the trial of these issues, as appears from the bill of exceptions, the proponent introduced one Hugh R. Wilson as a witness, ■who was one of the subscribing witnesses to the will,…
1Opinion of the CourtStone, J.
The probate court committed no error, in permitting the subscribing witness, Wilson, to testify to his opinion of the sanity of the testator. — Roberts v. Trawick, 13 Ala. 84; Stubbs v. Houston, 33 Ala. 555; *4721 Greenl. Ev. § 440, and notes; 1 Jar. on Wills, 74-5-6; Hughes v. Hughes, 31 Ala. 519.
[2.] Neither did the court err in excluding the witness Wilson as incompetent to testify in this controversy. Wilson v. Sheppard, 28 Ala. 623 ; Harris v. Plant, 31 Ala. 639 ; Notes to Burt v. Baker, 2 Smith’s Leading Cases, pp. 106 to 156 ; Robinson v. Tipton, 31 Ala. 595 ; Smith v. Tal. Br. of Plank…
2Cases cited10 opinions
- Stubbs v. HoustonSupreme Court of Alabama · 1859
- Roberts v. TrawickSupreme Court of Alabama · 1848
- McCreary v. TurkSupreme Court of Alabama · 1856
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
- Smith v. Tallassee Branch of Central Plank-Road Co.Supreme Court of Alabama · 1857
5 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Brown v. MitchellTexas Supreme Court · 1895
- Lewis v. MartinSupreme Court of Alabama · 1923
- Councill v. MayhewSupreme Court of Alabama · 1911
- Wear v. WearSupreme Court of Alabama · 1916
- Miller v. WhittingtonSupreme Court of Alabama · 1918
36 more not listed; retrieve them via the Exa API.