Legal Opinion

Henry v. Hall

Supreme Court of Alabama

Decided November 15, 1894PublishedCited by 32 opinions

Appeal from tlie Probate Court of Cleburne. Heard before tlie Hon. S. P. Baber. The proceedings in this case were had upon a petition filed in the probate court of Cleburne county by George W. Hall, to have the last will and testament of Mrs. LucindaR. Jenkins probated. The appellants,, as next of kin and heirs-at-law of the testatrix, contested the probate of the will.

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Appeal from tlie Probate Court of Cleburne. Heard before tlie Hon. S. P. Baber. The proceedings in this case were had upon a petition filed in the probate court of Cleburne county by George W. Hall, to have the last will and testament of Mrs. LucindaR. Jenkins probated. The appellants,, as next of kin and heirs-at-law of the testatrix, contested the probate of the will. Before entering upon the trial, the contestants moved the court to suppress the deposition of the witness Evans, as a whole, upon the following grounds: ‘ ‘1st. The answers of said witness are not responsive to the cross…

1Opinion of the CourtColeman, J.

— The appeal comes up from a contest of the probate of the will of Lucinda R. Jenkins. The grounds of contest were, fraud, undue influence, and mental incapacity. Decedent left no issue. The contestants were the brothers and sisters of testatrix, and the beneficiaries under the will were Dora Hall, wife of proponent, Geo. W. Hall, and James O. B. Jenkins, a youth about ten years of age,' neither of whom were of blood kin to testatrix. The evidence shows, that testatrix raised Dora Hall from infancy, and that until her marriage and afterwards, until death of testatrix, they had lived together.…

2Cases cited14 opinions

  1. Bancroft v. OtisSupreme Court of Alabama · 1890
  2. Burney v. TorreySupreme Court of Alabama · 1893
  3. Florey's Executors v. FloreySupreme Court of Alabama · 1854
  4. Eastis v. MontgomerySupreme Court of Alabama · 1890
  5. Knox v. KnoxSupreme Court of Alabama · 1891

9 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Lewis v. MartinSupreme Court of Alabama · 1923
  2. Coghill v. KennedySupreme Court of Alabama · 1898
  3. Councill v. MayhewSupreme Court of Alabama · 1911
  4. Miller v. LivingstoneUtah Supreme Court · 1906
  5. Tucker v. TuckerSupreme Court of Alabama · 1946

27 more not listed; retrieve them via the Exa API.

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