Ware v. Burch
Supreme Court of Alabama
Final Settlement of Administration. Appeal from.Russell.Probate Court. Heard before Hon. H. T. Benton. The controversy from which this appeal is taken originated in a settlement of the estate, of A. E. Broadhurst, deceased, by .the administrator, appellant here, .in which he sought to charge the estate with a sum of money evidenced by a promissory note, alleged to have been made by .the decedent to B. M. Ware and by him transferred to A. B. Ware.
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Final Settlement of Administration. Appeal from.Russell.Probate Court. Heard before Hon. H. T. Benton. The controversy from which this appeal is taken originated in a settlement of the estate, of A. E. Broadhurst, deceased, by .the administrator, appellant here, .in which he sought to charge the estate with a sum of money evidenced by a promissory note, alleged to have been made by .the decedent to B. M. Ware and by him transferred to A. B. Ware. This item was contested upon the alleged grounds, that neither A. E. Broadhurst nor any one authorized by her executed the note in question. The…
1Opinion of the CourtAnderson, J.
— “The competency of persons to give their opinions as to whether a given signature is in the proper handwriting of the person by whom it purports to have been made is not confied to experts. Any witness who has seen the party write, or who knows his handwriting, may express his opinion as to the genuineness of the signature. Of course, the extent of his familiarity will enter into' the weight of his testimony.—Wharton on Ev. §§ 707, 708; 1 Bhick. Dig. § 1078. Expert's may go further; but then, to legalize such tes*533timony, the witness must first be shown to be an exper—that is, accustomed to…
2Cases cited13 opinions
- Griffin v. StateSupreme Court of Alabama · 1891
- Martin v. McAdamsTexas Supreme Court · 1894
- Moon's Adm'r v. CrowderSupreme Court of Alabama · 1882
- Kirksey v. KirkseySupreme Court of Alabama · 1868
- Simmons v. . HavensNew York Court of Appeals · 1886
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Warten v. BlackSupreme Court of Alabama · 1915
- Kirby v. BrooksSupreme Court of Alabama · 1927
- Johnson v. BeeWest Virginia Supreme Court · 1919
- King v. StateAlabama Court of Appeals · 1917
- Klein v. YorkTennessee Supreme Court · 1923
3 more not listed; retrieve them via the Exa API.