Coghill v. Kennedy
Supreme Court of Alabama
Appeal from Montgomery Probate Court. Tried before Hon. J. B. Gaston. The grounds of contest, with the questions raised by demurrer thereto, and rulings of the court upon the evidence, are stated in- the opinion. By the two instruments offered for probate as the will of Leonora Kennedy, deceased, she gave the life interest in all her property, except her dwelling house, to her husband, A. M. Kennedy, the contestant here.
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Appeal from Montgomery Probate Court. Tried before Hon. J. B. Gaston. The grounds of contest, with the questions raised by demurrer thereto, and rulings of the court upon the evidence, are stated in- the opinion. By the two instruments offered for probate as the will of Leonora Kennedy, deceased, she gave the life interest in all her property, except her dwelling house, to her husband, A. M. Kennedy, the contestant here. The house she gave to-Maggie Coghill upon condition that she furnish a home therein for A. M. Kennedy and Amelia Kershaw. After the death of A. M. Kennedy, the will provided…
1Opinion of the CourtBrickell, C. J.
The appellant, in the capacity of executor, propounded for probate two instruments in writing; the one purporting to be the last will and testament, and the other a codicil thereto, of Leonora Kennedy, deceased. The validity of the writings was contested by the husband and a sister of the deceased, one of her next of kin. The assignments of error are numerous, and we propose to consider them in the order in which they have been argued by counsel.
A jury having been summoned to try the issue joined between the parties, in the course of its organization five of the persons summoned, in response…
2Cases cited19 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Snodgrass v. Branch Bank at DecaturSupreme Court of Alabama · 1854
- Prince v. StateSupreme Court of Alabama · 1893
- Bales v. StateSupreme Court of Alabama · 1879
14 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- In Re the Estate of ArnoldCalifornia Supreme Court · 1905
- Lewis v. MartinSupreme Court of Alabama · 1923
- Estate of BairdCalifornia Supreme Court · 1917
- Councill v. MayhewSupreme Court of Alabama · 1911
- In Re Estate of HigginsCalifornia Supreme Court · 1909
83 more not listed; retrieve them via the Exa API.