Garrett v. Heflin
Supreme Court of Alabama
Appeal from Chambers Chancery Court. Heard before tbe Hon. S. K. MgSpadden. This bill was filed by James B. Garrett against Wilson L. Heflin individually, and as tbe executor of tbe last will of Prudence Bailey, and others, legatees under said will, and was filed June 19th, 1890. The bill was answered, and issue was made up, and many witnesses were examined, tbe cause was submitted for final decree, which was rendered dismissing complainant’s bill out of court.
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Appeal from Chambers Chancery Court. Heard before tbe Hon. S. K. MgSpadden. This bill was filed by James B. Garrett against Wilson L. Heflin individually, and as tbe executor of tbe last will of Prudence Bailey, and others, legatees under said will, and was filed June 19th, 1890. The bill was answered, and issue was made up, and many witnesses were examined, tbe cause was submitted for final decree, which was rendered dismissing complainant’s bill out of court. From tbat decree this appeal is taken to this court. ’ When a will is contested in chancery, those claiming under it become the…
1Opinion of the CourtColeman, J.
The present bill was filed under section 2000 of the Code, to contest the validity of the will of Prudence Bailey, which had been admitted to probate by the Probate Court of Chambers county. The grounds of contest are fraud, want of testamentary capacity, and undue influence.
Testatrix died without issue or descendants, but left surviving her a brother, the complainant, and also descendants of a sister. Her former slaves and their children, and Mrs. Vickers, who waited upon and attended to her during the latter three or four years of her life, were the devisees and legatees of her will, and by…
2Cases cited13 opinions
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Taylor v. KellySupreme Court of Alabama · 1857
- Eastis v. MontgomerySupreme Court of Alabama · 1890
- Daniel v. HillSupreme Court of Alabama · 1875
- Lyons v. CampbellSupreme Court of Alabama · 1889
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Henry v. HallSupreme Court of Alabama · 1894
- Mullen v. JohnsonSupreme Court of Alabama · 1908
- Goldsmith v. GatesSupreme Court of Alabama · 1921
- Bruner v. HartSupreme Court of Florida · 1910
- In Re Estate of WilliamsSupreme Court of Florida · 1965
3 more not listed; retrieve them via the Exa API.