Johnston v. Johnston
Supreme Court of Alabama
Appeal from Bullock Probate Court. Heard before Hon. A. E. Singleton. Application by M. B. Johnston for probate of the will of Morgan P. Johnston, deceased, contested by M. W. Johnston and others. Decree refusing probate, and proponent appeals. The facts sufficiently appear in the opinion.
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Appeal from Bullock Probate Court. Heard before Hon. A. E. Singleton. Application by M. B. Johnston for probate of the will of Morgan P. Johnston, deceased, contested by M. W. Johnston and others. Decree refusing probate, and proponent appeals. The facts sufficiently appear in the opinion. The following charges were refused to the proponent: (A) “The burden of proof as to insanity' or incapacity to make a will is on the contestants in the first instance, and that burden remains on the contestants until they show habitual and fixed insanity or otherwise of testamentary incapacity at the time…
1Opinion of the CourtMcCLELLAN, J.
Contest of the instrument, propounded for probate as the last will and testament of Morgan P. Johnston, deceased.
The issues formed were, in substance, two: Want of mental capacity to make a will, and undue influence exerted upon the decedent in the execution thereof.
*224Following a general finding that the paper propounded was invalid, the verdict expressed the jury’s particular finding that decedent was mentally incompetent to make a will on December 1, 1905.
Since one mentally incompetent to make a will cannot be the subject of fraud or undue influence in the execution thereof (Burney v. Torrey,…
2Cases cited12 opinions
- Parrish v. StateSupreme Court of Alabama · 1903
- Coghill v. KennedySupreme Court of Alabama · 1898
- Burney v. TorreySupreme Court of Alabama · 1893
- Torrey v. BurneySupreme Court of Alabama · 1896
- Steiner Bros. v. TranumSupreme Court of Alabama · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Southern Ry. Co. v. DicksonSupreme Court of Alabama · 1924
- Tucker v. TuckerSupreme Court of Alabama · 1946
- Little v. SuggSupreme Court of Alabama · 1942
- Hardee v. HardeeSupreme Court of Alabama · 1956
- Fletcher v. DeLoachSupreme Court of Alabama · 1978
18 more not listed; retrieve them via the Exa API.