Bancroft v. Otis
Supreme Court of Alabama
Appeal from the Probate Court of Mobile. Tried before the Hon. Price Williams. In the matter of the probate of a paper purporting to he the last will and testament of William Otis, deceased, which, was propounded for probate by Charles M. Bancroft, who ivas therein named as executor, and ivas contested by William Otis and others, heirs at- law and next of kin of the decedent.
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Appeal from the Probate Court of Mobile. Tried before the Hon. Price Williams. In the matter of the probate of a paper purporting to he the last will and testament of William Otis, deceased, which, was propounded for probate by Charles M. Bancroft, who ivas therein named as executor, and ivas contested by William Otis and others, heirs at- law and next of kin of the decedent. Said William Otis, the testator, died on the 23d August, 1889, possessed of an estate worth $100,000, or more; and he left neither wife, children, nor the descendants of children. The contestants of the will were a…
1Opinion of the CourtMcCLELLAN, J.
The present appeal brings under review,. inter aim, certain instructions, thirteen in number, given by the judge below to the jury at the request in writing of the contestants. Of these, the first, second, twelfth and thirteenth state substantially one and the same proposition, and will be considered together. That proposition is, in short, that if, upon *284the contest of a will, it.be shown that confidential relations existed between the proponent, he being also the principal beneficiary, and the testator, the law, without more, indulges the prima facie presumption, that the testament was…
2Cases cited19 opinions
- Shipman v. FurnissSupreme Court of Alabama · 1881
- Gardiner v. GardinerNew York Court of Appeals · 1865
- Coffin v. . CoffinNew York Court of Appeals · 1861
- Meek v. PerryMississippi Supreme Court · 1858
- Waddell v. LanierSupreme Court of Alabama · 1878
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3Cited by97 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Ginter v. GinterSupreme Court of Kansas · 1909
- Coghill v. KennedySupreme Court of Alabama · 1898
- Stone v. StateSupreme Court of Alabama · 1894
- Burney v. TorreySupreme Court of Alabama · 1893
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