Fountain v. Brown
Supreme Court of Alabama
Appeal from the Probate Court of Monroe. In the matter of the probate of a paper, which was.,propounded for probate as the last will and testament of Elias Brown, deceased, by Hugh T. Fountain, the executor therein named; and the probate of which was contested by several of the testator’s children and grand-children, on the grounds of fraud, undue influence, and mental incapacity on the part of the testator.
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Appeal from the Probate Court of Monroe. In the matter of the probate of a paper, which was.,propounded for probate as the last will and testament of Elias Brown, deceased, by Hugh T. Fountain, the executor therein named; and the probate of which was contested by several of the testator’s children and grand-children, on the grounds of fraud, undue influence, and mental incapacity on the part of the testator. On the trial before the jury, as appears from-.the bill of exceptions, the court, allowed the contestants, against the objections of the proponent, to ask' a witness the following…
1Opinion of the CourtR. W. Walker, J.
If -the testaton-is of sound- mind, ' he may dispose of his property as he pleases; and the will ■■ will not be avoided because the disposition is unnatural and ■ unequitable. — Mosser v. Mosser, 32 Ala. 566. But, while '- this is true, the law is well settled, that where a will is ■•contested, upon the ground of undue influence or incapacity, it is permissible to inquire whether the provisions of ' the will are just and reasonable, and consonant with tbe •• state of the testator’s family relations. If they are, that is - a circumstance conducing in some degree to establish the capacity of…
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