West v. Arrington
Supreme Court of Alabama
Appeal from Chancery Court, Montgomery County; O. S. Lewis, Chancellor. « Will contest between Cora West and A. H. Arrington, executor, and others. Prom the decree of the chancery court confirming the validity of the will, contestant appeals.
Read the full summary
Appeal from Chancery Court, Montgomery County; O. S. Lewis, Chancellor. « Will contest between Cora West and A. H. Arrington, executor, and others. Prom the decree of the chancery court confirming the validity of the will, contestant appeals. The following are charges 7 and 9 given for contestee: (7) If you believe from'the evidence that Samuel B. Bennett was at times wholly insane so as not to know the subject-matter under discussion, but at other times had sufficient mental capacity to know and understand what he was doing, then in order to defeat the probate of the will the burden is on…
1Opinion of the Court
This is an appeal from the decree of the chancery court, confirming the validity of the instrument executed by Samuel B. Bennett, now deceased, on the 19th day of March, 1914, as the last will and testament of said Bennett. The contest in equity following the probate of the instrument, in the probate court, was instituted and conducted in accordance with Code, §§ 6207, 6209, 6196, etc. The appellant is the contestant. The grounds of contest were these: (a) That Bennett did not possess testamentary capacity to make a will when this instrument was executed; (b) that the instrument was the…
2Cases cited14 opinions
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Burney v. TorreySupreme Court of Alabama · 1893
- Councill v. MayhewSupreme Court of Alabama · 1911
- Taylor v. KellySupreme Court of Alabama · 1857
- Schieffelin v. SchieffelinSupreme Court of Alabama · 1899
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Hardley v. StateSupreme Court of Alabama · 1918
- Batson v. BatsonSupreme Court of Alabama · 1928
- Ritchey v. JonesSupreme Court of Alabama · 1923
- Johnson v. HowardSupreme Court of Alabama · 1965
12 more not listed; retrieve them via the Exa API.