Chandler v. Chandler
Supreme Court of Alabama
Appeal from Probate Court, Cherokee County; J. L. Savage, Judge. Petition by Mary J. Chandler for the probate of a will of John A. Chandler. From a decree denying the probate of the will prbponent appeals, making the heirs party thereto by virtue of their contest.
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Appeal from Probate Court, Cherokee County; J. L. Savage, Judge. Petition by Mary J. Chandler for the probate of a will of John A. Chandler. From a decree denying the probate of the will prbponent appeals, making the heirs party thereto by virtue of their contest. The litigation referred to and its irrelevance is apparent. 97 Ala. 639, 11 South. 838; 135 Ala. 227, 33 South. 42; 16 Cyc. 1198. The petition for letters of administration was not admissible; neither was the order granting the letter, nor was the petition for the sale of land, nor the order of court thereof. Authorities supra. The…
1Opinion of the CourtThomas, J.
The appeal is taken from a decree denying the probate of an alleged will of John A. Chandler, deceased.
The issues were tried by a jury. On the verdict for contestants, a decree was entered to the effect that the instrument propounded for probate was not the last will of John A. Chandler, deceased, and was not entitled to be probated.
The recited grounds of contest on which the issues were made were the due execution of the instrument, whether its execution was procured by undue influence, whether John A. Chandler, at the time of the execution of said instrument, was of unsound mind and…
2Cases cited27 opinions
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- Councill v. MayhewSupreme Court of Alabama · 1911
- Taylor v. KellySupreme Court of Alabama · 1857
- Wear v. WearSupreme Court of Alabama · 1916
- Miller v. WhittingtonSupreme Court of Alabama · 1918
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3Cited by9 opinions
- Adler v. MillerSupreme Court of Alabama · 1928
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- Dersis v. DersisSupreme Court of Alabama · 1923
- Vaughn v. VaughnSupreme Court of Alabama · 1928
- Price v. MarshallSupreme Court of Alabama · 1951
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