Higginbotham v. Higginbotham
Supreme Court of Alabama
Appeal from the Probate court of Blount. Heard before the Hon. T. H. Davidson. This was a proceeding to. probate the will of W. H. Higginbotham, in the probate court of Blount county, Alabama, which was propouncledSor probate by the appellants, A. L. Higginbotham and Pinckney W. Higginbotham, Who were the sons of the deceased, and the executors named in the will, and who were also devisees under said will.
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Appeal from the Probate court of Blount. Heard before the Hon. T. H. Davidson. This was a proceeding to. probate the will of W. H. Higginbotham, in the probate court of Blount county, Alabama, which was propouncledSor probate by the appellants, A. L. Higginbotham and Pinckney W. Higginbotham, Who were the sons of the deceased, and the executors named in the will, and who were also devisees under said will. The contestant was Kittie Higginbotham, the appellee, who was the daughter of the deceased. The contest ivas made upon the ground of fraud and undue influence by the proponents and Mrs.…
1Opinion of the CourtMcCLELLAN, J.
— The evidence tends to show that up to within a year of making his will it was the intention of the testator to make some substantial provision therein for the contestant, and that to so have provided for her would have been most natural and just; but the will propounded contains no such provision. There is also a tendency of the evidence to show that A. L. Higginbotham, the son of the testator, one of the proponents, between whom and his brother the will propounded divides substantially all the testator’s property, and who is made with said brother an executor of the will, had said before…
2Cases cited4 opinions
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Burney v. TorreySupreme Court of Alabama · 1893
- Eastis v. MontgomerySupreme Court of Alabama · 1890
- Eastis v. MontgomerySupreme Court of Alabama · 1891
3Cited by11 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Coghill v. KennedySupreme Court of Alabama · 1898
- Councill v. MayhewSupreme Court of Alabama · 1911
- Murphy v. NettMontana Supreme Court · 1913
- James v. FairallSupreme Court of Iowa · 1912
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