Coleman v. Robertson's Executors
Supreme Court of Alabama
Error to the County Court of St. Clair. 1. The protection of those entitled by law to intestates’ estates, and the removal from others of temptations to frauds, forbid an over-solicitude to establish wills apposed to the dictates of nature and the feelings of an enlightened community. — Suggett v. Kitchell, 6 Yerg. 430. 2. Where issues are formed on the contest of a will, and there is evidence tending to prove that the testator was- eighty years old, that his mind was weak,…
Read the full summary
Error to the County Court of St. Clair. 1. The protection of those entitled by law to intestates’ estates, and the removal from others of temptations to frauds, forbid an over-solicitude to establish wills apposed to the dictates of nature and the feelings of an enlightened community. — Suggett v. Kitchell, 6 Yerg. 430. 2. Where issues are formed on the contest of a will, and there is evidence tending to prove that the testator was- eighty years old, that his mind was weak, and that undue influence was used in procuring the will, it is erroneous for the court to charge the jurjr, “ that a…
1Opinion of the CourtDargan, C. J.
This was a proceeding in the Orphans’ Court of St. Clair to try the validity of the will of John Robertson, deceased. The executors propounded his will for probate, and citations were issued to several persons as the next of kin of the deceased. William A. Coleman alone contested the will, and submitted issues, which a jury were empannelled to try, involving the inquiry of the sanity of the testator’s mind at the time the will was executed, and also whether the will was procured by the exercise of improper influence over the testator. On the trial of these issues, a bill of exceptions was…
2Cases cited2 opinions
- Roberts v. TrawickSupreme Court of Alabama · 1848
- McElroy v. McElroySupreme Court of Alabama · 1843
3Cited by20 opinions
- Burney v. TorreySupreme Court of Alabama · 1893
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- Taylor v. KellySupreme Court of Alabama · 1857
- Turner's Appeal From ProbateSupreme Court of Connecticut · 1899
- Eastis v. MontgomerySupreme Court of Alabama · 1890
15 more not listed; retrieve them via the Exa API.