Snider v. Burks
Supreme Court of Alabama
Appeal from Russell Probate Court. Heard before Hon. E. Herndon Glenn. Appellant, Mrs. Ida C. Snider, contested tlie probate of a paper purporting to be tlxe last will and testameixt of her brother, H. L. Tillman, deceased, offered by appellee Mrs. Rosa E. Burks, widow of said Tillman on three grounds: 1. That Tillman was of uxxsound mind aixd incapable of making a valid will; 2. That fraud and undue influence was exercised over said Tillman in making said paper; 3. That the…
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Appeal from Russell Probate Court. Heard before Hon. E. Herndon Glenn. Appellant, Mrs. Ida C. Snider, contested tlie probate of a paper purporting to be tlxe last will and testameixt of her brother, H. L. Tillman, deceased, offered by appellee Mrs. Rosa E. Burks, widow of said Tillman on three grounds: 1. That Tillman was of uxxsound mind aixd incapable of making a valid will; 2. That fraud and undue influence was exercised over said Tillman in making said paper; 3. That the said paper was not duly executed by said Tillman. The nature of the evideixce to which objection was made appears in…
1Opinion of the CourtSomebylle, J.
The proceeding is one seeking the *56probate of a will purporting to be executed by one H. L. Tillman, tlie validity of which was contested by the appellant. The main issue is as to the genuiness of the signature. of the testator.
1. Two of the three subscribing witnesses, who attested the execution of the paper, were shown to be dead. When this is the case as also where such witnesses have become incompetent to testify, or are insane, or absent from the State, it is allowed to prove the paper by evidence of a secondary nature. This may be either by proving the attestation to be in the…
2Cases cited6 opinions
- Kumpe v. CoonsSupreme Court of Alabama · 1879
- Morton & Bliss v. New Orleans & Selma Railway Co.Supreme Court of Alabama · 1885
- Foote v. CobbSupreme Court of Alabama · 1851
- Cox v. DavisSupreme Court of Alabama · 1850
- State v. GivensSupreme Court of Alabama · 1843
1 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Stiles v. BrownSupreme Court of Alabama · 1980
- Mitchell v. StateSupreme Court of Alabama · 1891
- Lewis v. StateCourt of Criminal Appeals of Texas · 1910
34 more not listed; retrieve them via the Exa API.