Smith v. Smith
Supreme Court of Alabama
Appeal from Houston Probate Court. Heard before Hon. George Leslie. Proceedings by J. W. Smith for the probate of the will of Mary Smith, deceased, in which J. M. Smith and another appear as contestants. From a judgment refusing the probate, tlie proponent appeals.
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Appeal from Houston Probate Court. Heard before Hon. George Leslie. Proceedings by J. W. Smith for the probate of the will of Mary Smith, deceased, in which J. M. Smith and another appear as contestants. From a judgment refusing the probate, tlie proponent appeals. The following charges were given at the request of tbe contestants: (1) “If the testator is given a false impression concerning persons who are the natural objects of her bounty, so that when she comes to make her will she acts upon unfounded belief, and gives or withholds her bounty in a manner entirely different from what her…
1Opinion of the CourtMcCLELLAN, J.
The paper propounded for probate as the last will and testament of' Mary Smith, deceased, purports to devise and bequeath all her estate to six of her children, excluding Nancy Outlaw and James Marion Smith, the contestants, from sharing therein.
The trial was had on grounds of contest alleging fraud and undue influence in the execution of the instrument.
It appears without conflict in the evidence that Mary Smith and Frank Smith, her husband, were divorced before the date of execution of the instrument; that Frank was a man of intemperate habits; that prior to their divorce they had several…
2Cases cited9 opinions
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Coghill v. KennedySupreme Court of Alabama · 1898
- Eastis v. MontgomerySupreme Court of Alabama · 1890
- Daniel v. HillSupreme Court of Alabama · 1875
- Lyons v. CampbellSupreme Court of Alabama · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Wear v. WearSupreme Court of Alabama · 1916
- Barnett v. FreemanSupreme Court of Alabama · 1916
- Gaither v. PhillipsSupreme Court of Alabama · 1917
- Howell v. HowellSupreme Court of Alabama · 1923
8 more not listed; retrieve them via the Exa API.