Leeper v. Taylor
Supreme Court of Alabama
Appeal from tbe Probate Court of Talladega. Heard before tbe Hon. Geo. P. Plowman. In tbe matter of tbe probate of tbe last will and testament of Dr. Edward Gantt, deceased, wbicb was propounded for probate by Samuel Leeper, one of the executors therein named, and contested by Mrs. Louisa Taylor and her' husband, LaFayette Taylor.
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Appeal from tbe Probate Court of Talladega. Heard before tbe Hon. Geo. P. Plowman. In tbe matter of tbe probate of tbe last will and testament of Dr. Edward Gantt, deceased, wbicb was propounded for probate by Samuel Leeper, one of the executors therein named, and contested by Mrs. Louisa Taylor and her' husband, LaFayette Taylor. Tbe case was submitted to tbe court, by consent, without tbe intervention of a jury; and its judgment and decree', refusing to admit tbe will to probate, .is now assigned as error. Tbe evidence is too voluminous to be stated at length, and it can not be conveniently…
1Opinion of the CourtPetebs, J.
The will in this case' is contested on two grounds. I mention these, but not in the order of the pleading’: 1st, undue influence; 2d, unsoundness of mind.
Upon the first ground of contest, but little need be said. The undue influence necessary to overturn a testamentary disposition of one’s estate must be of such a character as to overpower the will of the testator, and substitute another will in its stead. It is said by the text-writers on this branch of legal learning, “ That the influence to vitiate the act must amount to force and coercion, destroying thefreeagency.” It must not be the…
2Cases cited8 opinions
- Taylor v. KellySupreme Court of Alabama · 1857
- Blanchard v. NestleNew York Supreme Court · 1846
- Gilbert v. GilbertSupreme Court of Alabama · 1853
- Dunlap v. RobinsonSupreme Court of Alabama · 1856
- Leverett's Heirs v. CarlisleSupreme Court of Alabama · 1851
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Burney v. TorreySupreme Court of Alabama · 1893
- Councill v. MayhewSupreme Court of Alabama · 1911
- Daniel v. HillSupreme Court of Alabama · 1875
- Eastis v. MontgomerySupreme Court of Alabama · 1891
13 more not listed; retrieve them via the Exa API.