Stubbs v. Houston
Supreme Court of Alabama
Appeal from the Probate Court of Dallas. In the matter of the last will and testament of John A. Stubbs, deceased, which was propounded for probate by James B. Stubbs, who was a brother of the testator and the sole beneficiary under his will, and was contested by the appellees, who were the children of a deceased sister of the testator.
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Appeal from the Probate Court of Dallas. In the matter of the last will and testament of John A. Stubbs, deceased, which was propounded for probate by James B. Stubbs, who was a brother of the testator and the sole beneficiary under his will, and was contested by the appellees, who were the children of a deceased sister of the testator. The paper propounded for probate was dated the 13th August, 1855, attested by three witnesses, and was in the following words: “State of Alabama, 1 In view of the uncertainty of Dallas County. J human life, and in consideration of the natural love and…
1Opinion of the Court
A. J. WALKEN, C. J.—Upon
the question of the onus of proof as to testamentary capacity, the authorities are conflicting: many of them holding, that it is for the proponent of a will to prove the sanity of the testator, *563(Dunlap v. Robinson, 28 Ala. 100; Wallis v. Hodgson, 2 Atk. 55; Powell on Devises, 82; Gerrish v. Nason, 22 Maine, 438; Potts v. House, 6 Geo. 324; Harris v. Ingledew, 3 P. Wms. 93; Brooks v. Barrett, 7 Pick. 94; Comstock v. Hadlyme, 8 Conn. 26;) while many others hold, that the presumption of sanity applies as well to probate as other cases.—Saxon v. Whitaker, 30 Ala. 237;…
2Cases cited18 opinions
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