Howell v. Howell
Supreme Court of Alabama
Appeal from Probate Court, Covington County; J. M. Robinson, Judge. Petition by J. A. .Howell to probate an instrument as the last will of J. E. J. Howell, deceased, with contest by Lizzie Howell. From a decree for contestant, proponent appeals. The following charges were refused to proponent: “(1) I charge you, gentlemen of the jury, that, if you believe the evidence in ■ this case, you must find for the proponent.
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Appeal from Probate Court, Covington County; J. M. Robinson, Judge. Petition by J. A. .Howell to probate an instrument as the last will of J. E. J. Howell, deceased, with contest by Lizzie Howell. From a decree for contestant, proponent appeals. The following charges were refused to proponent: “(1) I charge you, gentlemen of the jury, that, if you believe the evidence in ■ this case, you must find for the proponent. “(2) I charge you, gentlemen of the jury, that, if you believe the evidence in this case, you cannot find for the contestant.” “(11) I charge you, gentlemen of the jury, that…
1Opinion
On Rehearing.
[11] This court had the power ex proprio motu to put the case on rehearing that further consideration might be given to the decisions said by appellant to be applicable to the rulings on evidence, which we now specifically indicate. It may be that we should have done this in the first instance when it was thought not to be necessary.
[12,13] The question propounded to the witness R. H. Foshee was: “Do you know anything about whether or not she assisted in any way her husband in making and accumulating his property?” After objection and exception, the witness answered: “I could not…
2Cases cited22 opinions
- Staser v. HoganIndiana Supreme Court · 1889
- Beaubien v. CicotteMichigan Supreme Court · 1864
- Burney v. TorreySupreme Court of Alabama · 1893
- Wear v. WearSupreme Court of Alabama · 1916
- Smith v. . KellerNew York Court of Appeals · 1912
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