Slaughter v. Stephens
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Heard before the Hon. James Aiken. The appellee, Isaac M. Stephens, filed a petition in the Probate Court of Etowah county, July 25, 1884, for the probate of the will of William Griffith, deceased.
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Appeal from the Circuit Court of Etowah. Heard before the Hon. James Aiken. The appellee, Isaac M. Stephens, filed a petition in the Probate Court of Etowah county, July 25, 1884, for the probate of the will of William Griffith, deceased. The appellants filed the following grounds of contest: 1. “That said paper-writing was never signed and published by decedent as his last will and testament.” 2. “That the decedent before his death sold and transferred a part of his property, devised in said will, to one M. Beavers, to-wit: a large tract or parcel of land of the value of $4,000.00, and said…
1Opinion of the CourtClopton, J.
— Though issues were formed involving the competency of the testator to make a will, and its procure*421ment by undue influence, tbe record raises no question relating to such issues, nor to tbe sufficiency of the evidence to establish the due execution of the will. The real contestation rests on the issue of revocation vel non. It is contended, that the testator revoked the will by reason of having sold and conveyed a large portion of his real estate devised, after the making of the will, notwithstanding the greater part of the purchase money was unpaid at the time of his death. Whatever…
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