Alexander v. Alexander
Supreme Court of Alabama
Appeal from Probate Court, Lawrence County; J. E. Kumpe, Judge. Proceeding by W. A. Alexander to probate the last will and testament of L. A. Alexander, deceased, with contest by Myrtle Alexander. Erom a judgment denying probate proponent appeals.
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Appeal from Probate Court, Lawrence County; J. E. Kumpe, Judge. Proceeding by W. A. Alexander to probate the last will and testament of L. A. Alexander, deceased, with contest by Myrtle Alexander. Erom a judgment denying probate proponent appeals. Confidential relations between testator and beneficiary are not sufficient to cast the burden on the beneficiary to establish want of undue influence; there must be some active participation by the beneficiary in the preparation and execution of the will. 184 Ala. 115, 63 South. 978; 95 Ala. 493, 11 South. 204, 36 Am. St. Rep. 227; 185 Ala. 468, 64…
1Opinion of the CourtSayre, J.
Appellant propounded for pro-hate a paper writing purporting to be the last will and testament of L. A. Alexander, deceased, wherein he was named as sole beneficiary and executor. Appellee’s contest was framed in several aspects, but the course of the trial indicated very clearly contestant’s contention to be twofold; that deceased had not executed the paper; and that its execution had resulted from undue influence exercised by proponent. Jury and verdict went for contestant and from the judgment denying probate proponent has appealed.
There is no need to consider in detail the several…
2Cases cited4 opinions
- Jones v. BrooksSupreme Court of Alabama · 1913
- Scarbrough v. ScarbroughSupreme Court of Alabama · 1913
- Betz v. LovellSupreme Court of Alabama · 1916
- Curry v. LeonardSupreme Court of Alabama · 1914
3Cited by14 opinions
- Pruitt v. PruittSupreme Court of Alabama · 1976
- Wilson v. PaytonSupreme Court of Alabama · 1948
- Alexander v. AlexanderSupreme Court of Alabama · 1926
- Wall v. HodgesSupreme Court of Alabama · 1984
- Alexander v. AlexanderSupreme Court of Alabama · 1935
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