Howell v. Howell
Supreme Court of Alabama
Appeal from Probate Court, Covington County; J. M. Robinson, Judge. Petition by J. A. .Howell to probate an instrument as the last will of J. E. J. Howell, deceased, with contest by Lizzie Howell. From a decree for contestant, proponent appeals. The following charges were refused to proponent: “(1) I charge you, gentlemen of the jury, that, if you believe the evidence in ■ this case, you must find for the proponent.
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Appeal from Probate Court, Covington County; J. M. Robinson, Judge. Petition by J. A. .Howell to probate an instrument as the last will of J. E. J. Howell, deceased, with contest by Lizzie Howell. From a decree for contestant, proponent appeals. The following charges were refused to proponent: “(1) I charge you, gentlemen of the jury, that, if you believe the evidence in ■ this case, you must find for the proponent. “(2) I charge you, gentlemen of the jury, that, if you believe the evidence in this case, you cannot find for the contestant.” “(11) I charge you, gentlemen of the jury, that…
1Opinion of the Court
The appeal is from a decree of the probate court rejecting for probate the will of J. E. J. Howell, deceased, there being a jury and verdict for contestant.
The respective grounds of contest and issues tried were (1) that J. E. J. Howell "was of unsound mind and incapable of making a valid will," and (2) "that said instrument (purporting to be the last will and testament of J. E. J. Howell) is the product and result of influence exercised" by the parties specifically named, "or some one or more of them," and "was not the result of the exercise of his own free volition." A motion was made by…
2Cases cited42 opinions
- Staser v. HoganIndiana Supreme Court · 1889
- Beaubien v. CicotteMichigan Supreme Court · 1864
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Burney v. TorreySupreme Court of Alabama · 1893
- Councill v. MayhewSupreme Court of Alabama · 1911
37 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Prescott v. MartinSupreme Court of Alabama · 1976
- Southern Railway Co. v. JarvisSupreme Court of Alabama · 1957
- Batson v. BatsonSupreme Court of Alabama · 1928
- Orman v. ScharnagelSupreme Court of Alabama · 1923
- Strickland v. StricklandSupreme Court of Alabama · 1970
6 more not listed; retrieve them via the Exa API.