Shirley v. Ezell
Supreme Court of Alabama
Appeal from Sumter Probate Court. Heard before Hon, P. B. Jarman. Application of J. C. Ezell to probate the will of E. N. Powell. Contest by T. C. Shirley. From a decree admitting the will to probate, contestant appeals. The oral charge of the court referred to and assigned as error is as follows: “Gentlemen of the Jury, in this case it is shown that the testatrix, on the 28th day of October, 1909, executed a will disposing of her property.
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Appeal from Sumter Probate Court. Heard before Hon, P. B. Jarman. Application of J. C. Ezell to probate the will of E. N. Powell. Contest by T. C. Shirley. From a decree admitting the will to probate, contestant appeals. The oral charge of the court referred to and assigned as error is as follows: “Gentlemen of the Jury, in this case it is shown that the testatrix, on the 28th day of October, 1909, executed a will disposing of her property. This she had a perfect legal right to do, provided the said will conformed to all the legal requirements. Gentlemen, you have heard the evidence of the…
1Opinion of the CourtSomerville, J.
The appellee propounded for probate the will of Mrs. E. A. Powell, and the appellant contested its probate on the several grounds of improper execution, testamentary incapacity, and undue influence. Under the evidence adduced and the instructions of the court, the jury found in favor of the proponent, and the will was duly admitted to probate.
The testatrix was without lineal descendants, and all of the beneficiaries named in her will were her nephews and nieces, except proponent, who was formerly a nephew by affinity. A number of her relatives of this class were not named in the will; and the…
2Cases cited10 opinions
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Shipman v. FurnissSupreme Court of Alabama · 1881
- Councill v. MayhewSupreme Court of Alabama · 1911
- McCurry v. HooperSupreme Court of Alabama · 1848
- Eastis v. MontgomerySupreme Court of Alabama · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Pruitt v. PruittSupreme Court of Alabama · 1976
- Miller v. WhittingtonSupreme Court of Alabama · 1918
- Dulaney v. BurnsSupreme Court of Alabama · 1928
- Ritchey v. JonesSupreme Court of Alabama · 1923
- Vaughn v. VaughnSupreme Court of Alabama · 1928
11 more not listed; retrieve them via the Exa API.