Barnewall v. Murrell
Supreme Court of Alabama
Appeal from Mobile Probate Court. Tried before Hon. Price Williams. The appellant, William Barnewall, propounded for probate, an instrument purporting to be the last will of his deceased wife, Mary E. Barnewall, wherein the proponent was named as executor. Eveline Murrell and others among the next of kin of the said Mary E. Barne-wall, contested the validity of the instrument as her last will, on the ground, that the instrument was not duly executed by her.
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Appeal from Mobile Probate Court. Tried before Hon. Price Williams. The appellant, William Barnewall, propounded for probate, an instrument purporting to be the last will of his deceased wife, Mary E. Barnewall, wherein the proponent was named as executor. Eveline Murrell and others among the next of kin of the said Mary E. Barne-wall, contested the validity of the instrument as her last will, on the ground, that the instrument was not duly executed by her. The issue was submitted to a jury, who returned a verdict that the instrument propounded was not the last will and testament of said Mary…
1Opinion of the Court
BRIOKELL, 0. .J.
Error in the admission of illegal or irrelevant evidence is cured by its subsequent withdrawal, and a positve instruction to the jury to disregard it. — 1 Brick, Dig. 809, § 88. The contestants proposed to withdraw from the jury the evidence which they had on cross-examination elicited from Mitchell, to the introduction of which the proponent had objected, and had reserved an exception to the overruling of the objection, accompanying the proposal with the request for a specific instruction to the-jury to disregard it. The proponent objected, and at his instance, the court…
2Cases cited23 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Stubbs v. HoustonSupreme Court of Alabama · 1859
- Snider v. BurksSupreme Court of Alabama · 1887
- Ware v. CartledgeSupreme Court of Alabama · 1854
- Waller v. WallerSupreme Court of Virginia · 1845
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3Cited by97 opinions
- Batson v. State Ex Rel. DavisSupreme Court of Alabama · 1927
- German Evangelical Bethel Church of Concordia v. ReithSupreme Court of Missouri · 1931
- Harrington v. State Ex Rel. Van HayesSupreme Court of Alabama · 1917
- Galloway Coal Co. v. StanfordSupreme Court of Alabama · 1926
- Lewis v. StateCourt of Criminal Appeals of Texas · 1910
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