McQueen v. Wilson
Supreme Court of Alabama
Appeal from the Probate Court of Montgomery. Heard before the Hon. J. B. Gaston. This case arose on the offering for probate by Stewart McQueen, as executor, a paper alleged to be the last will and testament of Julia Wilson, which was contested by J. J. Woodward, guardian ad litem for Mary It. Wilson, a non compos mentis, and Eleanor Wilson, a minor, who were a sister and a niece, respectively, of the deceased.
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Appeal from the Probate Court of Montgomery. Heard before the Hon. J. B. Gaston. This case arose on the offering for probate by Stewart McQueen, as executor, a paper alleged to be the last will and testament of Julia Wilson, which was contested by J. J. Woodward, guardian ad litem for Mary It. Wilson, a non compos mentis, and Eleanor Wilson, a minor, who were a sister and a niece, respectively, of the deceased. There were several grounds of contest set up by the contestant, but it is necessary to consider here only that of undue influence. The evidence showed that the deceased had long…
1Opinion of the CourtDowdell, J.
The present appeal is prosecuted from the probate court of Montgomery county upon a trial in the contest of a will. The appellant, Stewart McQueen, the proponent in the court below, was: named in the alleged will as'the sole executor. The contest was filed by the guardian ad litem of the minor heirs of the deceased, and among the grounds of contest it was 'averred, “that said decedent was induced to make and execute said alleged will by undue influence,” and upon this ground the whole contention is based.
The rule of law is well settled that in transactions inter ricos, where a party stands in…
2Cases cited5 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Johnson v. JohnsonSupreme Court of Alabama · 1843
- Noble's Adm'r v. Moses Bros.Supreme Court of Alabama · 1886
3Cited by35 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Cook v. MortonSupreme Court of Alabama · 1941
- Floyd v. GreenSupreme Court of Alabama · 1939
- Webb v. WebbSupreme Court of Alabama · 1948
- Anderson v. DavisSupreme Court of Oklahoma · 1952
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