Miller v. Whittington
Supreme Court of Alabama
Appeal from Probate Court, Barbour County;- B. T. Roberts, Judge. Proceedings for probate of the will of Tom Whittington, propounded by Olin Whittington, and contested by Savannah Miller and others. From judgment admitting the will to probate, the contestants appeal. Exceptions to evidence sufficiently appear from the opinion.
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Appeal from Probate Court, Barbour County;- B. T. Roberts, Judge. Proceedings for probate of the will of Tom Whittington, propounded by Olin Whittington, and contested by Savannah Miller and others. From judgment admitting the will to probate, the contestants appeal. Exceptions to evidence sufficiently appear from the opinion. The charges referred to in the opinion are as follows: Those refused to-the contestants: (4) If the jury believe from the evidence that the deceased, at the time of making the will, was an aged man, and had a weak mind and memory, and was afflicted with Bright’s disease…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The contest of the probate of the will was decided in favor of proponents.
The grounds of contest were: (1) That the writing, purporting to be the last will and testament of T. M. Whittington, deceased, was not duly executed; (2) that at the time of its execution said Whittington was without testamentary capacity; and (3) that at said time said Whittington was under the domination and control of the proponent, Olin Whittington, and the will was the result of…
2Cases cited28 opinions
- Parrish v. StateSupreme Court of Alabama · 1903
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Coghill v. KennedySupreme Court of Alabama · 1898
- Councill v. MayhewSupreme Court of Alabama · 1911
- Prince v. StateSupreme Court of Alabama · 1893
23 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Jackson v. VaughnSupreme Court of Alabama · 1920
- Willingham v. StateSupreme Court of Alabama · 1954
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Woodmen of the World v. AlfordSupreme Court of Alabama · 1920
51 more not listed; retrieve them via the Exa API.