Johnson v. Johnson
Supreme Court of Alabama
Appeal from Probate Court, Jackson County; A. H. Moody, Judge. Petition by Lowe Johnson and E. K. Mann to iirobate the will of J. F. Washington, deceased, with contest by Sallie Johnson and others. From a decree admitting the will to probate, contestants appeal.
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Appeal from Probate Court, Jackson County; A. H. Moody, Judge. Petition by Lowe Johnson and E. K. Mann to iirobate the will of J. F. Washington, deceased, with contest by Sallie Johnson and others. From a decree admitting the will to probate, contestants appeal. The following are the grounds of the contest to which demurrers were sustained: '(4) The signing- of said instrument, by said J. P. Washington, and purporting to be his last will and testament, was procured through the undue- influence of persons adversely interested to the contestants herein (naming them). (5) The said instrument…
1Opinion of the CourtMcClellan, J.
[1] The will of J. f. "Washington, propounded for probate by the executor’s named therein (appellees), was sustained on the trial of its contest by the appellants, next of kin of the decedent. Its date of execution was June 27, 1918. The grounds of contest were those hsually interposed, yi55.: No due execution of the will ; want of testamentary capacity to make a will; and undue influence exerted by certain persons. The law applicable to and governing such contests has been repeatedly stated by this court; and, hence, repetition is not necessary. The evidence was undisputed that the…
2Cases cited11 opinions
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Coghill v. KennedySupreme Court of Alabama · 1898
- Wear v. WearSupreme Court of Alabama · 1916
- Eastis v. MontgomerySupreme Court of Alabama · 1891
- Pullman Co. v. MeyerSupreme Court of Alabama · 1915
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3Cited by14 opinions
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- Raney v. RaneySupreme Court of Alabama · 1927
- Cox v. ParkerSupreme Court of Alabama · 1924
- Zeigler v. CoffinSupreme Court of Alabama · 1929
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