Goldsmith v. Gates
Supreme Court of Alabama
Appeal from Probate Court, Lowndes County; W. H. Lee, Tudge. Application by'R. E. Gates and others for 'probate of the will of C. E. Gates, Sr., contested by Robert L. Goldsmith, as guardian ad litem of one of the minor legatees. Erom a decree admitting tho will to probate, 'the guardian appeals. The will was not properly executed. Section 6172, Code 1907; 36 Ala. 496; 40 Cyc. 1100 et seq.; 1 I-Ioust. (Del.) 98; 1 Har.
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Appeal from Probate Court, Lowndes County; W. H. Lee, Tudge. Application by'R. E. Gates and others for 'probate of the will of C. E. Gates, Sr., contested by Robert L. Goldsmith, as guardian ad litem of one of the minor legatees. Erom a decree admitting tho will to probate, 'the guardian appeals. The will was not properly executed. Section 6172, Code 1907; 36 Ala. 496; 40 Cyc. 1100 et seq.; 1 I-Ioust. (Del.) 98; 1 Har. (Del.) 464 ; 64 Neb. 150, 89 N. W. 665; 48 Neb. 608, 67 N. W. 470; 48 Minn. 420, 51 N. W. 217; 45 Minn.- 361, 47 N. W. 1069. The burden was upon the proponents. 108 Ala. 389,…
1Opinion of the CourtThomas, J.
The appeal is from a decree of the probate court, admitting to probate the last will and testament of Christian E. Gates, deceased.
The final decree determined the issues of fact adversely to contestants. That is to say, it was decreed;
“That said instrument was duly executed by the said Christian E. Gates, Sr., deceased, as his last will and testament; that it is the last will 'and testament of the said Christian E. Gates, Sr., deceased, and that its execution was not procured by and through undue influence.”
To this judgment appellant, as guardian ad litem for Clara Belle Twombly duly and…
2Cases cited34 opinions
- Hackett v. CashSupreme Court of Alabama · 1916
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Andrews v. GreySupreme Court of Alabama · 1917
29 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Reynolds v. MasseySupreme Court of Alabama · 1929
- Massey v. ReynoldsSupreme Court of Alabama · 1925
- Coats v. Guaranty Bank & Trust Co.Supreme Court of Louisiana · 1932
- Cox v. LoganSupreme Court of Alabama · 1954
12 more not listed; retrieve them via the Exa API.