O'Donnell v. Rodiger
Supreme Court of Alabama
Appeal from the Probate Court of Mobile. Tried before the Hon. Price Williams,-Jr. • In tlie matter of the probate of a paper which was propounded as the last will and testament of Mrs. Agnes O’Donnell, deceased, by Anna B. Rodiger, who was therein made sole legatee and devisee, nominated as executrix, and relieved of giving bond ; and the probate of which was contested by Michael O’Donnell, the surviving husband of said decedent, on the ground of mental incapacity on her…
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Appeal from the Probate Court of Mobile. Tried before the Hon. Price Williams,-Jr. • In tlie matter of the probate of a paper which was propounded as the last will and testament of Mrs. Agnes O’Donnell, deceased, by Anna B. Rodiger, who was therein made sole legatee and devisee, nominated as executrix, and relieved of giving bond ; and the probate of which was contested by Michael O’Donnell, the surviving husband of said decedent, on the ground of mental incapacity on her part to execute a will. The paper was dated the 11th April, 1884; was signed by the testatrix, by mark only, and was…
1Opinion of the CourtClopton, J.
— Charges which are reconcilable with, and explanatory of each other, must be construed in connection ; and if, when so construed, they are correct, although erroneous as universal propositions, a reversal of the judgment is not warranted. — Insurance Co. v. Goodman, 32 Ala. 108.
Construing the first charge given at the request of the proponent, in connection with the charges which present the question of the mental capacity of the testatrix, and interpreting it as we have no doubt the court intended it to be understood by the jury, we do not think it is obnoxious to the criticism made by…
2Cases cited11 opinions
- Taylor v. KellySupreme Court of Alabama · 1857
- Stubbs v. HoustonSupreme Court of Alabama · 1859
- of Converse v. ConverseSupreme Court of Vermont · 1849
- Riley v. RileySupreme Court of Alabama · 1860
- Brown v. RigginIllinois Supreme Court · 1880
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3Cited by32 opinions
- McNeill v. StateSupreme Court of Alabama · 1893
- Tucker v. TuckerSupreme Court of Alabama · 1946
- Williams v. StateSupreme Court of Alabama · 1887
- Pritchard v. FowlerSupreme Court of Alabama · 1911
- Montgomery & Eufaula Railroad v. StewartSupreme Court of Alabama · 1890
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