Eastis v. Montgomery
Supreme Court of Alabama
Contest as to P’robate of Will. Appear from the Probate Court of Jefferson. Tried before the Hon. M. T. Porter. In this case, a paper was propounded for probate by Jonathan, Eelix and .David Montgomery, as the last will and testament. of their deceased mother, Mrs. Martha Montgomery; and its probate was contested by Mrs. A. C. Eastis, a granddaughter, principally on the ground that the execution of the will was procured by undue influence on the part of said Jonathan…
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Contest as to P’robate of Will. Appear from the Probate Court of Jefferson. Tried before the Hon. M. T. Porter. In this case, a paper was propounded for probate by Jonathan, Eelix and .David Montgomery, as the last will and testament. of their deceased mother, Mrs. Martha Montgomery; and its probate was contested by Mrs. A. C. Eastis, a granddaughter, principally on the ground that the execution of the will was procured by undue influence on the part of said Jonathan Montgomery. The three proponents were nominated as executors of the will, and were authorized to collect all the outstanding…
1Opinion of the CourtColeman, J.
— This case arose on a contest of the probate of the will of Martha Montgomery. The grounds of contest were: 1st, that testatrix was of “unsound mind, and not capable of making any legal disposition of her property;” 2d,, that the executors “procured the making and execution of the same by fraud and undue influence practiced by them on the deceased;” 3d, “that said will was not made and executed according 1o law.” After the close of the evidence, “contestant-stated she did not insist upon insanity, except to show weakness of mind and susceptibility to being unduly influenced.” There was no…
2Cases cited8 opinions
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- Florey's Executors v. FloreySupreme Court of Alabama · 1854
- Roberts v. TrawickSupreme Court of Alabama · 1848
- Lyons v. CampbellSupreme Court of Alabama · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Burney v. TorreySupreme Court of Alabama · 1893
- Councill v. MayhewSupreme Court of Alabama · 1911
- In Re Estate of DolbeerCalifornia Supreme Court · 1908
- Schieffelin v. SchieffelinSupreme Court of Alabama · 1899
39 more not listed; retrieve them via the Exa API.