Hill v. Barge
Supreme Court of Alabama
Error to the Chancery Court of Butler. The bill was filed by Reuben Hill, the plaintiff in error, to set aside a will purported to be executed by Josiah Hill, brother of complainant. The bill alledges that the deceased was of unsound mind, and memory, for a considerable time previous to his death.
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Error to the Chancery Court of Butler. The bill was filed by Reuben Hill, the plaintiff in error, to set aside a will purported to be executed by Josiah Hill, brother of complainant. The bill alledges that the deceased was of unsound mind, and memory, for a considerable time previous to his death. That he was exceedingly weak in body and mind, and was influenced by John Barge to make the will, which was executed a few days before his death, he being then incompetent to make a disposition of his property. That complainant, his sister Prudence Watts, and Elizabeth, wife of John Barge, are the…
1Opinion of the CourtOrmond, J.
The chancellor having refused to direct an issue of devisavit vel non, on the application of complainant, and it being insisted that this is not a matter in the discretion of the chancellor, but is the right of the heir, whenever the validity of a will is drawn in question in a court of chancery, we will first address ourselves to the consideration of that question.
In England, this right is conceded to the heir, and an issue to try the validity of the will, is directed, as a matter of course. This results from the fact, that the court of chancery has no power to pass upon the validity of a…
2Cases cited3 opinions
- Johnston v. GlasscockSupreme Court of Alabama · 1841
- Neil v. NeilSupreme Court of Virginia · 1829
- Ex parte SimontonSupreme Court of Alabama · 1839
3Cited by21 opinions
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Smith v. SchulteSupreme Court of Alabama · 1995
- Gilbreath Ex Rel. Watson v. WallaceSupreme Court of Alabama · 1974
- Daniel v. HillSupreme Court of Alabama · 1875
- Lyons v. CampbellSupreme Court of Alabama · 1889
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