Saxon v. Whitaker's
Supreme Court of Alabama
Appeal from tbe Probate Court of Coosa. IN the matter of the last, will and testament of W^iggins. W. Whitaker, deceased, which was propounded for probate by the executor therein named, and contested by the-appellants, (Mrs. Saxon being a daughter of the testator,) on the grounds of mental incapacity and undue influence..
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Appeal from tbe Probate Court of Coosa. IN the matter of the last, will and testament of W^iggins. W. Whitaker, deceased, which was propounded for probate by the executor therein named, and contested by the-appellants, (Mrs. Saxon being a daughter of the testator,) on the grounds of mental incapacity and undue influence.. Luring the progress of the trial, the contestants reserved sevei’al exceptions to the rulings of the court on the-admissibility of evidence; but the opinion of the court renders it unnecessary to state the facts bearing on these-points. The court charged the jury, “that if…
1Opinion of the CourtPice, C. J.
The testator must be of sound mind at the time of making his will. That is the true time to try his mind. If his will is contested on the allegation that he was of unsound mind when he made it, the burden of proof rests, in the first instance, upon the party alleging the insanity; because the law presumes every man to be sane, till the contrary is shown. But, when his lunacy has- been established, and it is alleged that, after its existence* and in a lucid interval, he made his will, “the burden of proof attaches to the party alleging such lucid interval, who must show sanity and, competency…
2Cases cited2 opinions
- Jackson v. Van DusenNew York Supreme Court · 1809
- Boyd v. EbySupreme Court of Pennsylvania · 1839
3Cited by14 opinions
- State v. LoweSupreme Court of Missouri · 1887
- Stubbs v. HoustonSupreme Court of Alabama · 1859
- Winn v. GrierSupreme Court of Missouri · 1909
- O'Donnell v. RodigerSupreme Court of Alabama · 1884
- Von De Veld v. JudySupreme Court of Missouri · 1898
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