Councill v. Mayhew
Supreme Court of Alabama
Contest of Probate of Will. Appeal from Maclison Probate Court. . Heard before Hon. W. T. Lawler. S. J. Mayhew propounded for probate a will, which was contested by William L. Councill. From a judgment admitting the will to probate, the contestant appeals. The facts and the exceptions to evidence sufficiently appear from the opinion.
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Contest of Probate of Will. Appeal from Maclison Probate Court. . Heard before Hon. W. T. Lawler. S. J. Mayhew propounded for probate a will, which was contested by William L. Councill. From a judgment admitting the will to probate, the contestant appeals. The facts and the exceptions to evidence sufficiently appear from the opinion. The following charges were given for the proponent: (1) “I charge you, gentlemen of the jury, that if the testator, William H. Councill, had mind and memory sufficient to understand the business he was engaged in, to remember the property he was about to…
1Opinion of the CourtSomerville, J.
The appellee, S. J. Mayhew, as executor, propounded for probate the will of Wm. H. Councill, and the appellant, Wm. Councill, a son of the testator, contested the proponent’s petition on several grounds — the material ones for the purposes of this appeal being (1) that the testator was of unsound mind and lacking in testamentary capacity; (2) that he was so weak and feeble mentally as to’ he easily influenced, and that he was unduly influenced in the execution of the will by Mrs. C. B. L. Hamilton, his private secretary, who stood in confidential relations to him, and who witnessed the will…
2Cases cited25 opinions
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Acklen's v. HickmanSupreme Court of Alabama · 1879
- Coghill v. KennedySupreme Court of Alabama · 1898
- Burney v. TorreySupreme Court of Alabama · 1893
- Taylor v. KellySupreme Court of Alabama · 1857
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3Cited by65 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Wear v. WearSupreme Court of Alabama · 1916
- Miller v. WhittingtonSupreme Court of Alabama · 1918
- Deloney v. StateSupreme Court of Alabama · 1932
- Tucker v. TuckerSupreme Court of Alabama · 1946
60 more not listed; retrieve them via the Exa API.