Dunlap v. Robinson
Supreme Court of Alabama
Appeal from the Circuit Court'of Macon. Tried before the Hon. Robert Dougherty. In the matter of the last will and testament of David Dunlap, deceased, which was propounded for probate, on the 18th September, 1852, by James J. Robinson, who was the father of the beneficiaries provided for in it, and was contested by the appellants, who were the brothers and heirs-at-law of the testator.
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Appeal from the Circuit Court'of Macon. Tried before the Hon. Robert Dougherty. In the matter of the last will and testament of David Dunlap, deceased, which was propounded for probate, on the 18th September, 1852, by James J. Robinson, who was the father of the beneficiaries provided for in it, and was contested by the appellants, who were the brothers and heirs-at-law of the testator. The venue was changed, on the application of the contestants, from Chambers to Macon county, where a trial was had at the October term, 1854, of the circuit court. The paper propounded for probate was dated…
1Opinion of the CourtChilton, C. J.
1. The first assignment of error, namely, that the court should have overruled the demurrer to the contestants’ third plea or specification, cannot be sustained ; first, because the issue is to be “made up under the direction of the court”, (Code, § 1634); and, secondly, because, if the insane delusion went to the whole will, the contestants have had all the advantage of it under the 5th specification ; but if only to a portion of the will, it is too indefinite, and therefore bad. It is clear, however, that any valid objection to the will, by reason of want of sanity of mind on the part of…
2Cases cited4 opinions
- Gilbert v. GilbertSupreme Court of Alabama · 1853
- Coleman v. Robertson's ExecutorsSupreme Court of Alabama · 1849
- Cramer v. CrumbaughCourt of Appeals of Maryland · 1853
- Shehan v. HamptonSupreme Court of Alabama · 1846
3Cited by25 opinions
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- Taylor v. KellySupreme Court of Alabama · 1857
- Stubbs v. HoustonSupreme Court of Alabama · 1859
- Wicks v. StateSupreme Court of Alabama · 1870
- Leeper v. TaylorSupreme Court of Alabama · 1872
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