Alford v. Johnson
Supreme Court of Arkansas
Appeal from Pike Circuit Court; Jefferson T. Cowling, Judge; 1. It appears by the witness Warlick’s testimony that he was a minister of the gospel, acting in that capacity in his visits to the testator, and instructing the testator in the rules and practices of the church, he being a penitent seeking instruction from the minister. The testator’s statements to the minister were privileged communications, and the court erred in admitting them as testimony.
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Appeal from Pike Circuit Court; Jefferson T. Cowling, Judge; 1. It appears by the witness Warlick’s testimony that he was a minister of the gospel, acting in that capacity in his visits to the testator, and instructing the testator in the rules and practices of the church, he being a penitent seeking instruction from the minister. The testator’s statements to the minister were privileged communications, and the court erred in admitting them as testimony. Kirby’s Dig., § 3097; art. 2, § 25, Const.; 95 S. W. 402; Wharton’s Law of Evidence, § 597; 80 Ind. 203. 2. Notwithstanding his age and…
1Opinion of the CourtFrauenthal, J.
This is an appeal from a judgment declaring invalid the alleged last will and testament of one W. S. Stroope. The contestants are the heirs at law of the testator; and the proponent of the will and chief beneficiary therein is Lorinda Alford, who claims to have been his housekeeper, but who, the contestants claim, was his mistress. The contestants sought to invalidate the will upon the grounds (1) that the testator did not possess sufficient mental capacity at the time of its execution, and (2) because it was obtained by the fraud and undue influence of said Lorinda Alford. The trial resulted…
2Cases cited7 opinions
- McCulloch v. CampbellSupreme Court of Arkansas · 1887
- Smith v. HenlineIllinois Supreme Court · 1898
- In re the Probate of the Will of StorerSupreme Court of Minnesota · 1881
- McClure v. McClureTennessee Supreme Court · 1887
- Tobin v. JenkinsSupreme Court of Arkansas · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Orr v. LoveSupreme Court of Arkansas · 1955
- Hyatt v. WrotenSupreme Court of Arkansas · 1931
- Abel v. DickinsonSupreme Court of Arkansas · 1971
- Neal v. JacksonCourt of Appeals of Arkansas · 1981
- Davault v. ParksSupreme Court of Arkansas · 1935
6 more not listed; retrieve them via the Exa API.