Cunninghame v. Herring
Supreme Court of Alabama
Appeal from Marengo Law and Equity Court. Heard before Hon. Edward J. Gilder. Bill by Emma Pearl Herring against William Cunninghame, as executor, etc., to declare the probate of a will invalid and for an accounting. Decree for complainant, and respondent appeals. The allegation is that the execution of said will was obtained by undue influence on the part of William Cunninghame, executor named in said alleged will.
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Appeal from Marengo Law and Equity Court. Heard before Hon. Edward J. Gilder. Bill by Emma Pearl Herring against William Cunninghame, as executor, etc., to declare the probate of a will invalid and for an accounting. Decree for complainant, and respondent appeals. The allegation is that the execution of said will was obtained by undue influence on the part of William Cunninghame, executor named in said alleged will. The bill contains an allegation that the will was procured by fraud on the part of William Cunninghame, and the facts are set out which are alleged to show the fraud, and…
1Opinion of the CourtGardner, J.
The bill in this case was filed by the appellee, an heir at law of one Mrs. Mary E. Crane, deceased, for the purpose of contesting the will of the said Mary E. Crane; the will having been previously admitted to probate in the probate court of Marengo county without contest. A jury was demanded, and the cause proceeded to trial upon two issues presented by the bill: (1) That the said Mary E. Crane, at the time of the execution of the will, was of unsound mind; and (2) that the execution of said will was obtained by undue influence on the part of William Cunninghame, executor named in said…
2Cases cited9 opinions
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Councill v. MayhewSupreme Court of Alabama · 1911
- Mullen v. JohnsonSupreme Court of Alabama · 1908
- Alexander v. GibsonSupreme Court of Alabama · 1912
- Keeble v. UnderwoodSupreme Court of Alabama · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Raney v. RaneySupreme Court of Alabama · 1927
- Cox v. ParkerSupreme Court of Alabama · 1924
- Zeigler v. CoffinSupreme Court of Alabama · 1929
- Birmingham Trust & Savings Co. v. CannonSupreme Court of Alabama · 1920
13 more not listed; retrieve them via the Exa API.