Mindler v. Crocker

FOSTER, Justice.

There was a successful contest of the probation of a will. The proponent appeals. There were six grounds of the contest, which we will designate pleas, as was done in Coghill v. Kennedy, 119 Ala. 641 (3), 24 So. 459. The first two raise the question of insanity, the next two of undue influence, and the last two of the proper execution of the will. There was a motion to strike each plea. The court struck the first, and overruled the motion as to the others. Proponent then demurred on the same grounds, and it was overruled.

A plea which is not prolix, irrelevant or frivolous…