Gaither v. Phillips
Supreme Court of Alabama
Appeal from Jefferson Probate Court. Heard before Hon. J. P. Stiles. Georgia D. Gaither and another propounded for probate the will of Virginia Z. Siddons. There was contest by Lovick W. Phillips, with judgment for contestant, and proponents appeal. The facts sufficiently appear in the opinion here, and on former appeal.
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Appeal from Jefferson Probate Court. Heard before Hon. J. P. Stiles. Georgia D. Gaither and another propounded for probate the will of Virginia Z. Siddons. There was contest by Lovick W. Phillips, with judgment for contestant, and proponents appeal. The facts sufficiently appear in the opinion here, and on former appeal. The following charges were given for contestant: (8) The testator must have sufficient capacity to comprehend the condition of his property, his relation to the objects of his bounty, and the scope of the provision of his will, and sufficiently active of memory to collect in…
1Opinion of the CourtAnderson, C. J.
This is the second appeal in this case. See same parties, 191 Ala. 87, 67 South. 1001. The law as to what constitutes such undue influence as to avoid a will has been so often declared by this court that a citation of some of the leading cases should suffice.—Council v. Mayhew, 172 Ala. 295, 55 South. 314; Mullen v. Johnson, 157 Ala. 272, 47 South. 584; Coghill v. Kennedy, 119 Ala. 641, 24 South. 459; Eastis v. Mont*694gomery, 93 Ala. 300, 9 South. 311; Bancroft v. Otis, 91 Ala. 279, 8 South. 286, 24 Am. St. Rep. 904. While the burden of proof was upon the contestant to establish the testamentary…
2Cases cited11 opinions
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Coghill v. KennedySupreme Court of Alabama · 1898
- Councill v. MayhewSupreme Court of Alabama · 1911
- Eastis v. MontgomerySupreme Court of Alabama · 1890
- Eastis v. MontgomerySupreme Court of Alabama · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Starr v. StarrSupreme Court of Alabama · 1974
- Raney v. RaneySupreme Court of Alabama · 1927
- Towles v. PettusSupreme Court of Alabama · 1943
- Case v. EnglishSupreme Court of Alabama · 1951
7 more not listed; retrieve them via the Exa API.