Barnett v. Freeman
Supreme Court of Alabama
Appeal from ¿¥inston Probate Court. Heard before Hon. John S. Curtis. John Barnett, as executor, propounded for probate the last will and testament of Lizzie Freeman, deceased, with contest by A. Jack Freeman. From a judgment denying probate, the executor appeals.
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Appeal from ¿¥inston Probate Court. Heard before Hon. John S. Curtis. John Barnett, as executor, propounded for probate the last will and testament of Lizzie Freeman, deceased, with contest by A. Jack Freeman. From a judgment denying probate, the executor appeals. Freeman alleges that he is one of the beneficiaries under the will, and that on May 23, 1910, while in good health and sound and disposing mind and memory, said Lizzie Freeman made and executed her last will and testament, making contestant and Fannie Perry, the residuary legatees of her said estate, and that that will is now in the…
1Opinion of the CourtAnderson, C. J.
The declaration of contest avers that A. Jack Freeman, the contestant, was not only a legatee under the will of 1910, but was a legatee under the will that was under contest, and he was therefore so interested in the will contested as to authorize him to make the contest under section 6196 of the Code of 1907.
(1, 2) In defining the necessary averments in the contest of a will for undue influence, as distinguished from fraud, our court has held that it was not necessary to allege with particularity the quo modo the result complained of was accomplished, but only that it was accomplished by…
2Cases cited6 opinions
- Pritchard v. FowlerSupreme Court of Alabama · 1911
- Mullen v. JohnsonSupreme Court of Alabama · 1908
- Jones v. BrooksSupreme Court of Alabama · 1913
- Alexander v. GibsonSupreme Court of Alabama · 1912
- Smith v. SmithSupreme Court of Alabama · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Miller v. WhittingtonSupreme Court of Alabama · 1918
- Alabama Power Co. v. ThompsonSupreme Court of Alabama · 1947
- Little v. SuggSupreme Court of Alabama · 1942
- Ford Motor Co. v. Hall Auto Co.Supreme Court of Alabama · 1933
12 more not listed; retrieve them via the Exa API.