Ex Parte Little
Supreme Court of Alabama
Original petition by John Little and Robert Little for mandamus to Henry B. Foster, Judge of the Sixth Judicial Circuit, sitting in equity in the circuit court of Tuscaloosa county, to have him annul an interlocutory order requiring petitioners to answer certain interrogatories.
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Original petition by John Little and Robert Little for mandamus to Henry B. Foster, Judge of the Sixth Judicial Circuit, sitting in equity in the circuit court of Tuscaloosa county, to have him annul an interlocutory order requiring petitioners to answer certain interrogatories. R. H. Little, filed a bill against John and Robert Little to annul and set aside an instrument purporting to be the last will and testament of Dr. John Little, the father of complainants and respondent, which will had been admitted to probate in the probate court of Tuscaloosa county. The grounds of the bill were…
1Opinion of the CourtAnderson, C. J.
It may be conceded that the exclusion of R. H. Little, a son, from the benefits of the will, and that it was done under the mistaken idea that .he had been previously advanced amounts to or in excess of what would he his distributive share in the testator’s estate, and that this would not be per se a ground for annulling the will, or even relevant evidence bearing upon the grounds of contest; that is, mental incapacity and undue influence. Yet these facts would be of some probative force, and corroborative of evidence tending to establish the grounds of contest, and the order in which pjioof…
2Cases cited2 opinions
- State Ex Rel. Smith v. McCordSupreme Court of Alabama · 1919
- Ex parte EdwardsSupreme Court of Alabama · 1913
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- State Ex Rel. McKenzie v. WilliamsAlabama Court of Appeals · 1926
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