Mullen v. Johnson
Supreme Court of Alabama
Appeal from Dallas Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Leonard D. Mullin against Thomas M. Johnson and others to annul a will. From a decree for respondent complainants appeal.
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Appeal from Dallas Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Leonard D. Mullin against Thomas M. Johnson and others to annul a will. From a decree for respondent complainants appeal. The relation between the testatrix and appellee is that of confidential relation. — Holt v. Agnew; 67 Ala. 360. This cast the burden of proving the transaction fair and just upon appellee. — Walker v. Nicrosi, 135 Ala. 355; Gannon v. Gilmer, 135 Ala. 304; Shipman v. Furniss, 69 Ala. 556; Bankcroft v. Otis, 91 Ala. 279; Kyle v. Purdue, 95 Ala. 579; Kidd v. Williams, 132 Ala. 140. Where the…
1Opinion of the CourtMcCLELLAN, J.
— Annie M. Johnson died in August, 1901, childless, survived by her husband, Thomas M. Johnson, and the complainant, a brother, the only heir at law. The instrument contested, purporting to be a will and to have been executed on June 20, 1901, gave *265the entire estate of Mrs. Johnson to her husband. The grounds of contest are: First, Avant of testamentary capacity to make a will; second, undue influence exerted upon the alleged testatrix by Thomas M. Johnson, the husband, Henry B. Johnson, the brother-in-law of Mrs. Johnson, and Fannie M. Smith, or by some of these named. Upon the occasion of…
2Cases cited9 opinions
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Taylor v. KellySupreme Court of Alabama · 1857
- Eastis v. MontgomerySupreme Court of Alabama · 1890
- Daniel v. HillSupreme Court of Alabama · 1875
- Eastis v. MontgomerySupreme Court of Alabama · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Councill v. MayhewSupreme Court of Alabama · 1911
- Grayson v. MuckleroySupreme Court of Alabama · 1929
- Clements v. JonesSupreme Court of Georgia · 1928
- Deseumeur v. RondelNew Jersey Court of Chancery · 1909
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