Johnson v. Armstrong
Supreme Court of Alabama
Appeal from tlie Probate Court of Coffee. Tried before Hon. B. M. Stephens. Probate was contested. The facts sufficiently appear in the opinion.
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Appeal from tlie Probate Court of Coffee. Tried before Hon. B. M. Stephens. Probate was contested. The facts sufficiently appear in the opinion. The contestants asked the court to give the following written charges to the jury: (1.) “That insanity is a disease, and if the jury are satisfied, reasonably, that the testator was, at any time before the execution of the will, insane, then the jury should find against the will, unless the jury are satisfied, by clear and satisfactory proof, that the testator had been, either temporarily or permanently, relieved of his insanity, before the execution…
1Opinion of the CourtHead, J.
— Appellant, James W. Johnson, the sole devisee and executor therein named, propounded for probate what purported to be the will of his father, John C. Johnson. The alleged testator died on the 31st day of January, 1891. The will purports to have been executed on the 20th day of September, 1890. The probate was contested by heirs of the decedent, on the grounds, as alleged, in caveat: “(1.) That the supposed will is the offspring of fraud practiced upon deceased. (2.) That it is the offspring of an insane delusion in the mind of deceased. (3.) That it is the offspring and result of undue…
2Cases cited1 opinion
- O'Donnell v. RodigerSupreme Court of Alabama · 1884
3Cited by19 opinions
- Hall v. BrittonSupreme Court of Alabama · 1927
- Zeigler v. CoffinSupreme Court of Alabama · 1929
- Lockridge v. BrownSupreme Court of Alabama · 1913
- Johnston v. JohnstonSupreme Court of Alabama · 1912
- Batson v. BatsonSupreme Court of Alabama · 1928
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