Alexander v. Gibson
Supreme Court of Alabama
Appeal from Lawrence Chancery Court. Heard before Hon. W. H. Simpson. - Will contest by W. R. Alexander against F. D. Gibson and others. From a decree sustaining a demurrer to the bill, complainant appeals.
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Appeal from Lawrence Chancery Court. Heard before Hon. W. H. Simpson. - Will contest by W. R. Alexander against F. D. Gibson and others. From a decree sustaining a demurrer to the bill, complainant appeals. The sixth and seventh paragraphs of the bill as originally filed are as follows: “(6) Complainant avers that at the time of the making of the said will the said Mary B. Alexander was under the domination and control of the respondents herein, N. D. Deleshaw, Sallie Deleshaw, and the beneficiaries named in said alleged will, or some one or more of them, and said alleged will is the result…
1Opinion of the CourtSomerville, J.
The bill was filed by appellant for the purpose of contesting the validity of a will which had been regularly probated according to law. The grounds of contest are testamentary incapacity and undue influence. The chancellor sustained demurrers to the sixth and seventh paragraphs of the bill, both separately and as a whole, and the appeal is from that decree.
As last amended, these two paragraphs are manifestly intended to conjointly state the single charge of undue influence, and the sufficiency or insufficiency of the *262allegations in support of this charge cannot he tested by reference to…
2Cases cited6 opinions
- Coghill v. KennedySupreme Court of Alabama · 1898
- Moore v. HeinekeSupreme Court of Alabama · 1898
- Barksdale v. DavisSupreme Court of Alabama · 1896
- Phillips v. BradfordSupreme Court of Alabama · 1906
- Letohatchie Baptist Church v. BullockSupreme Court of Alabama · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Cox v. ParkerSupreme Court of Alabama · 1924
- Birmingham Trust & Savings Co. v. CannonSupreme Court of Alabama · 1920
- Cunninghame v. HerringSupreme Court of Alabama · 1915
- Tucker v. HoustonSupreme Court of Alabama · 1927
17 more not listed; retrieve them via the Exa API.