Murphree v. Senn
Supreme Court of Alabama
Appeal from tlie Probate Court of Pike. Tried before the Hon. W. J. Hilliard. Savannah Shofner died in Pike county, Alabama, February 21, 1895 and left surving her two sisters and one brother, viz., L. A. Senn, the wife of N. W. Senn, of Pike county Alabama, E. A. Teer, the wife of William Teer, and William Sliofner, the latter named sister and the brother living in Texas.
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Appeal from tlie Probate Court of Pike. Tried before the Hon. W. J. Hilliard. Savannah Shofner died in Pike county, Alabama, February 21, 1895 and left surving her two sisters and one brother, viz., L. A. Senn, the wife of N. W. Senn, of Pike county Alabama, E. A. Teer, the wife of William Teer, and William Sliofner, the latter named sister and the brother living in Texas. Prior to her death, Savannah Shofner executed her last will and testament, on December 16, 1891, in which she bequeathed and devised her household and kitchen furniture to her sister, L. A. Senn, and the rest of her…
1Opinion of the CourtHaralson, J.
The will of the testatrix was contested by her brother and two sisters on the grounds, “that at the time it is alleged she executed said will, she was wanting in testamentary capacity,” and “that fraud and undue influence were brought to bear upon the said Savannah Shofner, in the procurement of the execution of said instrument.”
The execution of the will was duly proved by its two subscribing witnesses, one offeied by the proponent, and the other by the contestants, who show that it was executed freely and voluntarily.
We have carefully examined the evidence in the transcript. It would serve…
2Cases cited2 opinions
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