Watson v. Anderson
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of St. Olair. This was a proceeding before his honor John I. Thomason, in the orphans’ court of St. Clair, to try the validity of the will of William Watson, deceased. The cause was submitted to a jury, on the issues made up between the contestants, and the executor, who propounded the will for probate.
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Writ of Error to the Orphans’ Court of St. Olair. This was a proceeding before his honor John I. Thomason, in the orphans’ court of St. Clair, to try the validity of the will of William Watson, deceased. The cause was submitted to a jury, on the issues made up between the contestants, and the executor, who propounded the will for probate. The first plea, or objection interposed by the contestants, was, that the testator was not of sound mind. 2. That the will was procured by fraud, and undue influence. 3. That the testator was of unsound mind, resulting from age, bodily infirmity, and the…
1Opinion of the Court
DARGAN, J.'
The instructions given by the court, were entirely correct, and appropriate to the evidence, and the issues submitted to the jury. The issues, in substance, are but two. The first, as to the sanity of the testator; second, whether the will was obtained by undue influence. The court, charged, in substance, that if it was obtained by undue influence, exercised over a weak, and infirm old man, it was void. Secondly, that if the jury believed from the whole evidence, the testator was of sound mind, they should find in favor of the validity of the will, notwithstanding four, out of five…
2Cited by11 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Beaubien v. CicotteMichigan Supreme Court · 1864
- Howard v. StateSupreme Court of Alabama · 1911
- Fitzhugh v. StateAlabama Court of Appeals · 1949
- Ball v. SkinnerSupreme Court of Iowa · 1907
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