Hughes v. Hughes'
Supreme Court of Alabama
Appeal from the Probate Court of Pickens. IN the matter of tlie last will and testament of Thomas Hughes, deceased, which was executed iu South Carolina, in February, 1847; was propounded for probate in February, 1854, by "William C. Dunn, the executor therein named, who had married the testator’s only daughter; and was contested by Thomas Hughes, the testator’s only son, on the grounds of mental incapacity, fraud, and undue influence.
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Appeal from the Probate Court of Pickens. IN the matter of tlie last will and testament of Thomas Hughes, deceased, which was executed iu South Carolina, in February, 1847; was propounded for probate in February, 1854, by "William C. Dunn, the executor therein named, who had married the testator’s only daughter; and was contested by Thomas Hughes, the testator’s only son, on the grounds of mental incapacity, fraud, and undue influence. The several rulings of the court on the trial of the issue, to which exceptions were reserved by the contestant, may be thus stated: The contestant moved the…
1Opinion of the CourtStone, J.
— There is an agreement in this record that the answer of Gondelock to the 5th interrogatory, may be regarded as the answer of Sims; and consequently, the 1st, 2d and 3d assignments of error present but one question. The objection to this answer is, that the subscribing witnesses stated their belief that the testator was of sound mind, and not their opinion that such was the case. In the connection in which this word is used by the witnesses, there is but little difference between the import of the words, belief and opinion. Neither implies actual knowledge; while each expresses a persuasion…
2Cases cited6 opinions
- Gilbert v. GilbertSupreme Court of Alabama · 1853
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- Couch v. CouchSupreme Court of Alabama · 1845
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