Scarbrough v. Scarbrough
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Bill by William A. Scarbrough, and another, against A. Lee Scarbrough to declare a will void, and to administer an estate according to the law of distribution. Decree for respondent and complainants appeal.
Read the full summary
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Bill by William A. Scarbrough, and another, against A. Lee Scarbrough to declare a will void, and to administer an estate according to the law of distribution. Decree for respondent and complainants appeal. Confidential relationship existed between the testatrix and proponent who is the chief beneficiary under the will. — Bolt v. Agnew, 67 Ala. 360; Moore v. Spier, 80 Ala. 129; Lyon v. Campbell, 88 Ala. 462; Garrett v. Heflin, 98 Ala. 615; Coghill v. Kennedy, 119 Ala. 641; McQueen v. Wilson, 131 Ala. 606; Smith v.…
1Opinion of the CourtSayre, J.
The bill in this case seeks to set aside the last will and testament of Mary L. Scarbrough, deceased. Stress is laid .by complainants, who have taken this appeal from a decree sustaining the will, upon the proposition that the will was the product of actual *471fraud on the part of the principal beneficiary, or of undue influence exercised by him. There is in the bill averment also that the will was a nullity for lack of testamentary capacity in the testator; but what testimony there was to sustain this last-named contention was overwhelmed by evidence to the contrary. It is not insisted upon in…
2Cases cited1 opinion
- Bancroft v. OtisSupreme Court of Alabama · 1890
3Cited by21 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Zeigler v. CoffinSupreme Court of Alabama · 1929
- Jones v. BrooksSupreme Court of Alabama · 1913
- Wilson v. PaytonSupreme Court of Alabama · 1948
- Manfredo v. ManfredoSupreme Court of Alabama · 1915
16 more not listed; retrieve them via the Exa API.