Bulger v. Ross
Supreme Court of Alabama
Appeal from Tallapoosa Probate Court. Heard before tbe Hon. Joseph H. Johnson. Mrs. Prances Ross died on the 18th of August, 1891, leaving a last will and testament executed on the 18th of January, 1887, in which she appointed .her husband, D. A. G. Ross, her sole executor, who offered the will, or alleged will, for probate. It was contested by Mrs. Amanda Bulger and other next of kin, on the grounds of undue influence, fraud, and that testatrix was of unsound mind.
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Appeal from Tallapoosa Probate Court. Heard before tbe Hon. Joseph H. Johnson. Mrs. Prances Ross died on the 18th of August, 1891, leaving a last will and testament executed on the 18th of January, 1887, in which she appointed .her husband, D. A. G. Ross, her sole executor, who offered the will, or alleged will, for probate. It was contested by Mrs. Amanda Bulger and other next of kin, on the grounds of undue influence, fraud, and that testatrix was of unsound mind. It was shown on the trial that Mrs. Ross had first married R. J. Holley, that after his death she married Rowe, who died in…
1Opinion of the CourtStone, C. J.
The questions presented by this record arose on the application to probate and establish a paper as the last will and testament of Mrs. Frances Ross, late the wife of D. A. G. Ross, the proponent. Mrs. Ross died without descendants. The probate was contested by some of the next of kin, who would share in the distribution if there was an intestacy. The grounds relied on to set aside the will, as we learn from the record, were: first, that decedent had not at the time of its execution sufficient mind and memory to make a will; and, second, that it was procured to be executed through undue…
2Cases cited18 opinions
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Ford v. StateSupreme Court of Alabama · 1882
- Winslow v. StateSupreme Court of Alabama · 1884
- Taylor v. KellySupreme Court of Alabama · 1857
- Snodgrass v. Branch Bank at DecaturSupreme Court of Alabama · 1854
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3Cited by22 opinions
- In re Young's EstateUtah Supreme Court · 1908
- Hale v. CoxSupreme Court of Alabama · 1930
- Pollack v. Gunter & GunterSupreme Court of Alabama · 1909
- Wilson v. PaytonSupreme Court of Alabama · 1948
- Harris v. BowlesSupreme Court of Alabama · 1922
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