Cotton v. Ulmer
Supreme Court of Alabama
Appeal from Probate Court of Dallas. Tried before Hon. J. F. Conoley. This case is an appeal from the probate court of Dallas county, in the matter of the application to prove the last will and testament of William Curtis, deceased. The proponent is Miss Mary Eliza Ulmer, the granddaughter of testator, and daughter of Mrs. Mary June Ulmer, the testator’s daughter, who died after the alleged last will and testament was made, and after the testator’s death.
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Appeal from Probate Court of Dallas. Tried before Hon. J. F. Conoley. This case is an appeal from the probate court of Dallas county, in the matter of the application to prove the last will and testament of William Curtis, deceased. The proponent is Miss Mary Eliza Ulmer, the granddaughter of testator, and daughter of Mrs. Mary June Ulmer, the testator’s daughter, who died after the alleged last will and testament was made, and after the testator’s death. The application was contested by Martha and Lucy Cotton, also grand-daughters of testator, and daughter of J. L. Cotton, and Lucy, his…
1Opinion of the CourtPeck, C. J.
The only questions argued by the counsel arise on the charges of court, and of these, we shall confine ourselves to the consideration of the 18th and 19th charges, as these are the only ones in which we are able to discover any errors. The 18th charge is in the following words, -to-wit: “ Unless the jury believe from the evidence, that William Curtis, if of sound mind, would have included Mr. Cotton or his children in the benefit of his will, they cannot set the will aside, because he may have excluded them, under an insane delusion as to Mr. Cotton; and if Mr. Curtis, when sane, was greatly…
2Cases cited1 opinion
- Florey's Executors v. FloreySupreme Court of Alabama · 1854
3Cited by11 opinions
- Eastis v. MontgomerySupreme Court of Alabama · 1891
- Batson v. BatsonSupreme Court of Alabama · 1928
- Johnson v. HowardSupreme Court of Alabama · 1965
- Blair v. JonesSupreme Court of Alabama · 1918
- Mitchell v. ParkerSupreme Court of Alabama · 1931
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