Mosser v. Mosser's
Supreme Court of Alabama
[CONTEST AS TO VALIDITY OF WILL.] Appeal from tbe Probate Court of Pike. Ik tbe matter of tbe last will and testament of Mrs. Belinda Mosser, deceased, which was propounded for probate by Richard E. Cook, the executor therein named, and contested by Samuel Mosser, tbe husband of the decedent, on tbe following grounds: “ 1st, because said deceased, at tbe time, was not of sound and disposing mind and memory; 2d, because undue influences were used by others to procure said…
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[CONTEST AS TO VALIDITY OF WILL.] Appeal from tbe Probate Court of Pike. Ik tbe matter of tbe last will and testament of Mrs. Belinda Mosser, deceased, which was propounded for probate by Richard E. Cook, the executor therein named, and contested by Samuel Mosser, tbe husband of the decedent, on tbe following grounds: “ 1st, because said deceased, at tbe time, was not of sound and disposing mind and memory; 2d, because undue influences were used by others to procure said paper writing to be executed, contrary to previously expressed intentions; 3d, because said paper writing makes an…
1Opinion of the CourtStone, J.
The controlling question in this case hinges on the inquiry, whether the instrument bearing date June 30,1854, is a deed or a will. The bill of exceptions states, in effect, that the property disposed of by that instrument was the separate estate of Mrs. Mosser. This being the case, unless said instrument operated a disability, she had the unquestioned right to dispose of such separate estate by will, whether it was created by contract, or by our statutes. — Wells v. Bransford, 28 Ala. 200; Code, §1989.
[2.] We hold the instrument of June 30, 1854, to be a will, for the following reasons: 1st,…
2Cases cited5 opinions
- Gilbert v. GilbertSupreme Court of Alabama · 1853
- Elmore v. MustinSupreme Court of Alabama · 1856
- Walker v. JonesSupreme Court of Alabama · 1853
- Corley v. StateSupreme Court of Alabama · 1856
- Wells v. BransfordSupreme Court of Alabama · 1856
3Cited by11 opinions
- Schieffelin v. SchieffelinSupreme Court of Alabama · 1899
- Kelly v. ParkerIllinois Supreme Court · 1899
- Clay v. LaytonMichigan Supreme Court · 1903
- McBride v. SullivanSupreme Court of Alabama · 1908
- Crim v. WilliamsonSupreme Court of Alabama · 1912
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