Legal Opinion

Price v. Price

Supreme Court of Alabama

Decided February 8, 1917PublishedCited by 16 opinions

Appeal from Conecuh Probate Court. Heard before Hon. F. J. Dean. Contest by John T. Price of the probate of the will of David Price by C. W. F. Price. From a degree denying probate, proponent appeals. Contest of probate of the will of one David Price, deceased.

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Appeal from Conecuh Probate Court. Heard before Hon. F. J. Dean. Contest by John T. Price of the probate of the will of David Price by C. W. F. Price. From a degree denying probate, proponent appeals. Contest of probate of the will of one David Price, deceased. The cause was tried before the probate judge without the intervention of a jury, and decree rendered to the effect that the instrument offered for probate was not in fact the last will and testament of said deceased, and probate thereof was denied. From this decree proponent appeals. The testimony for the proponent, C. W. F. Price, a…

1Opinion of the CourtGardner, J.

The foregoing statement of the case suffices for a general outline of the proof offered before the probate judge, who tried the case'upon oral testimony and without the intervention of a jury. The appeal presents only a question of fact as to whether the finding of the court below on the issue óf fact thus presented should be here disturbed.

(1, 2) A discussion of the testimony would serve no good purpose. Suffice it to say that it has been carefully considered. The trial court had the witnesses before him, and the advantage of observing their demeanor on the stand, and under the…

2Cases cited3 opinions

  1. Hackett v. CashSupreme Court of Alabama · 1916
  2. Finney v. Studebaker Corp. of AmericaSupreme Court of Alabama · 1916
  3. Hatfield v. RileySupreme Court of Alabama · 1916

3Cited by16 opinions

  1. Gray v. HandySupreme Court of Alabama · 1920
  2. State v. CarterSupreme Court of Alabama · 1958
  3. Patterson v. StateSupreme Court of Alabama · 1932
  4. Holderfield v. DeenSupreme Court of Alabama · 1959
  5. W. T. Smith Lumber Co. v. McKenzieSupreme Court of Alabama · 1952

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