Florey's Executors v. Florey
Supreme Court of Alabama
Error to the Court of Probate of Shelby. The plaintiffs in error, as executors of Gustavus Florey, deceased, propounded for probate a paper, purporting to be the last will and testament of their testator, the validity of which was contested by Edward Florey, “as brother and next of kin to the testator,” on the grounds of fraud, undue influence, and because the testator was not of sound and disposing mind and memory at the time of making said will.
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Error to the Court of Probate of Shelby. The plaintiffs in error, as executors of Gustavus Florey, deceased, propounded for probate a paper, purporting to be the last will and testament of their testator, the validity of which was contested by Edward Florey, “as brother and next of kin to the testator,” on the grounds of fraud, undue influence, and because the testator was not of sound and disposing mind and memory at the time of making said will. On the trial of these issues, it was shown that the testator died on Sunday night. There was evidence showing, that, on the Tuesday night before…
1Opinion of the CourtGoldthwaite, J.
The objections taken by the plaintiffs in error to the testimony of the witness, John W. Florey, cannot be sustained. The rule, of late years, has been conclusively settled, that upon questions of insanity, a witness whose acquaintance with the party has been such as to enable him to form a correct opinion as to his mental condition, may not only depose to facts conducing to establish the unsoundness of his mind, but may also, in connection with those facts, give his own opinion upon the question of sanity or insanity. —Norris v. The State, 16 Ala. 776, and cases there cited; Baldwin v. The…
2Cases cited3 opinions
- Potts v. HouseSupreme Court of Georgia · 1849
- Baldwin v. StateSupreme Court of Missouri · 1848
- Norris v. StateSupreme Court of Alabama · 1849
3Cited by49 opinions
- Parrish v. StateSupreme Court of Alabama · 1903
- Lewis v. MartinSupreme Court of Alabama · 1923
- Ford v. StateSupreme Court of Alabama · 1882
- State v. PikeSupreme Court of New Hampshire · 1870
- Beaubien v. CicotteMichigan Supreme Court · 1864
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