Kramer v. Weinert
Supreme Court of Alabama
Appeal from the Probate Court of Mobile. Tried before the Hon. Price Williams, Jr. This was a contest of the probate of a paper purporting to be the last will and testament of Mrs. Minna Erank, deceased, in which Kramer, the appellant, was appointed executor. Judgment was rendered for contestants, and Kramer appealed. The questions presented for decision arose on exceptions by Kramer to the allowance of certain evidence, and the charges of the court.
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Appeal from the Probate Court of Mobile. Tried before the Hon. Price Williams, Jr. This was a contest of the probate of a paper purporting to be the last will and testament of Mrs. Minna Erank, deceased, in which Kramer, the appellant, was appointed executor. Judgment was rendered for contestants, and Kramer appealed. The questions presented for decision arose on exceptions by Kramer to the allowance of certain evidence, and the charges of the court. The contestants asked one B., the lawyer who wrote the will of deceased, “Was the application to probate this will of Mrs. Frank drafted and…
1Opinion of the CourtClopton, J.
— An instrument purporting to be the will of Minna Frank, having been propounded for probate, some of the heirs appeared to contest its validity, and issues were formed, which a jury was empanneled to try, involving inquiries as to the testamentary capacity of the testatrix, and the procurement of the will by undue influence. In such proceeding and on such issues, the particular time, to which the .investigation should be directed, is the execution of the will; but for the purpose of elucidating the competency and freedom of will of the testatrix at that time, her mental condition, preceding…
2Cases cited8 opinions
- Taylor v. KellySupreme Court of Alabama · 1857
- Gilbert v. GilbertSupreme Court of Alabama · 1853
- Stubbs v. HoustonSupreme Court of Alabama · 1859
- Van Alst v. HunterNew York Court of Chancery · 1821
- Yoe v. McCordIllinois Supreme Court · 1874
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3Cited by17 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Burney v. TorreySupreme Court of Alabama · 1893
- Councill v. MayhewSupreme Court of Alabama · 1911
- Wear v. WearSupreme Court of Alabama · 1916
- Schieffelin v. SchieffelinSupreme Court of Alabama · 1899
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