Eastis v. Montgomery
Supreme Court of Alabama
Appeal from the Probate Court of Jefferson. Tried before the Hon. A. H. BeNNEbs, as special judge. In the matter of the last will and testament of Mrs. Martha Montgomery, deceased, which was propounded for probate by her three sons, Jonathan, Felix and David Montgomery, who were therein named as executors, and was contested by Mrs. A. C. Eastis, a grand-daughter of the testatrix, on these grounds: (1) that the testatrix, at the date of the will, was of unsound mind; (2) that…
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Appeal from the Probate Court of Jefferson. Tried before the Hon. A. H. BeNNEbs, as special judge. In the matter of the last will and testament of Mrs. Martha Montgomery, deceased, which was propounded for probate by her three sons, Jonathan, Felix and David Montgomery, who were therein named as executors, and was contested by Mrs. A. C. Eastis, a grand-daughter of the testatrix, on these grounds: (1) that the testatrix, at the date of the will, was of unsound mind; (2) that her signature to the instrument was procured by fraud and undue influence; and (3) “that it was not made and executed…
1Opinion of the CourtMcCLELLAN, J.
Many, of tbe questions presented by tbis record were before tbis court on a former appeal, and then determined against tbe appellants. It was then held that tbe error of excluding, when first proposed, evidence as to tbe conveyances by the testatrix, after tbe making of tbe will, of seventy acres of land to Jonathan Montgomery, and twenty acres each to said Montgomery and tbe other principal beneficiaries, was cured by its subsequent admission, tbe facts in tbis regard being clearly proved, and indeed not controverted; that tbe declarations made by *492Jonathan. Montgomery, then, and now again,…
2Cases cited8 opinions
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Beaubien v. CicotteMichigan Supreme Court · 1864
- Eastis v. MontgomerySupreme Court of Alabama · 1890
- Stubbs v. HoustonSupreme Court of Alabama · 1859
- Leeper v. TaylorSupreme Court of Alabama · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Councill v. MayhewSupreme Court of Alabama · 1911
- Tucker v. TuckerSupreme Court of Alabama · 1946
- Henry v. HallSupreme Court of Alabama · 1894
- Raney v. RaneySupreme Court of Alabama · 1927
31 more not listed; retrieve them via the Exa API.