Torrey v. Burney
Supreme Court of Alabama
Contest of the Probate of a Will. Appeal from the Probate Court of Jefferson. On September 22, 1891, the appellee, W. T. Burney, filed a petition in the probate court of Jefferson county asking for the probate of an instrument in writing purporting to be the last will and testament of Samuel Tor-rey, deceased.
Read the full summary
Contest of the Probate of a Will. Appeal from the Probate Court of Jefferson. On September 22, 1891, the appellee, W. T. Burney, filed a petition in the probate court of Jefferson county asking for the probate of an instrument in writing purporting to be the last will and testament of Samuel Tor-rey, deceased. On October 26, 1891, the day set for the hearing of said petition, the appellant, Henry W. Tor-rey, the only son and child of Samuel Torrey, instituted a contest of said will upon the following grounds : 1st. Because said instrument offered for probate was not executed as required by…
1Opinion of the CourtColeman, J.
Some of the questions presented for review were considered on a former appeal.-Burney v. Torrey, 100 Ala. 157.
The 16th assignment of error is based upon the following instruction given to the jury, viz. : “The undue influence which will avoid a will, must amount to coercion or fraud, and unless the contestant has by the testimony in the case satisfied the jury the will filed for probate -was not the act of Mr. Torrey, but the will of another, and that the same was induced to be made by such influence as amounts to coercion, they will find for the proponent on the issue of undue influence.” It…
2Cases cited11 opinions
- Burney v. TorreySupreme Court of Alabama · 1893
- Prince v. StateSupreme Court of Alabama · 1893
- Eastis v. MontgomerySupreme Court of Alabama · 1890
- Knox v. KnoxSupreme Court of Alabama · 1891
- Roberts v. StateSupreme Court of Alabama · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Coghill v. KennedySupreme Court of Alabama · 1898
- Wear v. WearSupreme Court of Alabama · 1916
- Miller v. WhittingtonSupreme Court of Alabama · 1918
- Moore v. HeinekeSupreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. Sullivan Timber Co.Supreme Court of Alabama · 1899
38 more not listed; retrieve them via the Exa API.