Pool's Heirs v. Pool's
Supreme Court of Alabama
Appeal from the Probate Court of Dallas. In tlie matter of tlio last will and testament of Ephraim Pool, deceased, which was propounded for probate by George L. Stewart, the executor therein named, and contested by the decedent’s heirs-at-law and distributees.
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Appeal from the Probate Court of Dallas. In tlie matter of tlio last will and testament of Ephraim Pool, deceased, which was propounded for probate by George L. Stewart, the executor therein named, and contested by the decedent’s heirs-at-law and distributees. No formal issue was made up, but, by consent of counsel, it was agreed “ that any question or issue might bo considered as duly made and presented, which would test the validity of the will or any provision thereof, and that all pleading and special issues were waived.” The material portions of the will were in the following words: “ 1.…
1Opinion of the CourtStone, J.
The counsel for appellant have not pressed upon our consideration any questions save those raised by the refusal of the probate court to give the charges numbered 12 to 15, inclusive. Under these circumstances, we propose to make but brief allusion to the questions not pressed in argument.
The questions raised on the introduction of evidence, were all ruled adversely to the appellant, when this case was before this court, at June term, 1858. — See 33 Ala. 145.
What amounts to undue influence, which will set aside a will, has been frequently asserted, and must be regarded as settled in this…
2Cases cited7 opinions
- Taylor v. KellySupreme Court of Alabama · 1857
- Stubbs v. HoustonSupreme Court of Alabama · 1859
- Atwood's Heirs v. BeckSupreme Court of Alabama · 1852
- Abercrombie's v. Abercrombie's HeirsSupreme Court of Alabama · 1855
- Evans v. KittrellSupreme Court of Alabama · 1859
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3Cited by7 opinions
- Leeper v. TaylorSupreme Court of Alabama · 1872
- McKinney v. WeatherfordSupreme Court of Alabama · 1942
- Locke v. SparksSupreme Court of Alabama · 1955
- Fuller's Adm'r v. FullerSupreme Court of Alabama · 1866
- Hobson v. MorganSupreme Court of Alabama · 1926
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