Leslie v. Sims
Supreme Court of Alabama
Appeal from tbe Probate Court of Talladega. In tbe matter of tbe probate of tbe last will and testament of Mrs. Ann Jack, deceased, wbicb was propounded for probate by Mrs. Frances A. Sims, and contested by Theodore J. Leslie. Tbe proponent, wbo was tbe principal and residuary legatee under tbe will, was a niece of tbe testatrix, and tbe contestant was a nepbew. Tbe probate was contested on tbe grounds of fraud, undue influence, and insufficiency of execution.
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Appeal from tbe Probate Court of Talladega. In tbe matter of tbe probate of tbe last will and testament of Mrs. Ann Jack, deceased, wbicb was propounded for probate by Mrs. Frances A. Sims, and contested by Theodore J. Leslie. Tbe proponent, wbo was tbe principal and residuary legatee under tbe will, was a niece of tbe testatrix, and tbe contestant was a nepbew. Tbe probate was contested on tbe grounds of fraud, undue influence, and insufficiency of execution. Tbe testatrix was a widow, and died without children. On tbe trial, as tbe bill of exceptions shows, tbe proponent proved, by one of…
1Opinion of the CourtA. J. Walker, C. J.
The court committed no error, in excluding the declaration of Mrs. Sims, offered in evidence by the contestant. — Blackey v. Blackey, 33 Ala. 611; Taylor v. Kelly, 31 Ala. 59.
[2.J The proposition upon which rests the objection that was made to the competency o'f Moses T. Leslie as a witness, is, that the mere fact that a legacy is bequeathed to one renders him incompetent to testify against the validity of the will. That proposition has neither reason nor authority to support it. — Roberts v. Trawick, 13 Ala. 68 ; Cleland v. Huey, 18 Ala. 343. The court erred, therefore, in sustaining the…
2Cases cited11 opinions
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- Taylor v. KellySupreme Court of Alabama · 1857
- Roberts v. TrawickSupreme Court of Alabama · 1848
- Gray's Executors v. BrownSupreme Court of Alabama · 1853
- Robinson's Adm'rs v. Tipton's Adm'rSupreme Court of Alabama · 1858
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3Cited by8 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Kumpe v. CoonsSupreme Court of Alabama · 1879
- O'Neal v. ReynoldsSupreme Court of Alabama · 1868
- Chandler v. ChandlerSupreme Court of Alabama · 1920
- Reese v. NolanSupreme Court of Alabama · 1892
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