Phillips' Adm'r v. Phillips
Supreme Court of Alabama
Appeal from the Chancery Court at Troy. Heard before the Hon. M. J. Saffold. The bill in this case was filed, on the 28th March, 1855, "by William G. Phillips, as the administrator of the estate of William Phillips, deceased, against Tabitha Phillips, who was the daughter of said decedent, and William Phillips, jr., and Greenberry Phillips, who were the illegitimate children of said Tabitha ; and sought to cancel and set aside, on the grounds of. fraud, undue influence, and…
Read the full summary
Appeal from the Chancery Court at Troy. Heard before the Hon. M. J. Saffold. The bill in this case was filed, on the 28th March, 1855, "by William G. Phillips, as the administrator of the estate of William Phillips, deceased, against Tabitha Phillips, who was the daughter of said decedent, and William Phillips, jr., and Greenberry Phillips, who were the illegitimate children of said Tabitha ; and sought to cancel and set aside, on the grounds of. fraud, undue influence, and mental incapacity, three deeds of gift, by which said decedent, a few months before his death, conveyed to his said…
1Opinion of the CourtR. W. Walker, J.
Appellate courts are wisely reluctant to disturb the decisions of a chancellor upon mere questions of fact. In the present case, the onus was upon the complainant to establish the charges of the bill; and we would be unwilling to reverse the decree of the chan*64cellor, unless satisfied that there was a decided preponderance of tbe evidence against tbe conclusions adopted by him. As is not unusual in cases of this sort, tbe conflict in tbe evidence is considerable. Undoubtedly, there is a good deal of testimony which tends strongly to establish the donor’s mental incapacity ; but no…
2Cited by6 opinions
- Sandlin v. RobbinsSupreme Court of Alabama · 1878
- Marlowe v. BenaghSupreme Court of Alabama · 1875
- Kennedy v. MarrastSupreme Court of Alabama · 1871
- Wise v. NortonSupreme Court of Alabama · 1872
- Gordon v. JonesSupreme Court of Alabama · 1868
1 more not listed; retrieve them via the Exa API.