Walker v. Jones
Supreme Court of Alabama
Appear from tho Court of Probate of Dallar.. The appellee, Joint B. 3oner, applied to the Court of Probate of Dallad for lottery of adminmiration with tho will annexed on the estate of John Walker, deceased, which were granted to him. Ho then propounded for probate, as tho last will and testament of said decedent, the following instrument, as set out in the record : Postscript: Interline before assigning, May 18, A. D. 1847. Attest: John Whitt, ¿r.
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Appear from tho Court of Probate of Dallar.. The appellee, Joint B. 3oner, applied to the Court of Probate of Dallad for lottery of adminmiration with tho will annexed on the estate of John Walker, deceased, which were granted to him. Ho then propounded for probate, as tho last will and testament of said decedent, the following instrument, as set out in the record : Postscript: Interline before assigning, May 18, A. D. 1847. Attest: John Whitt, ¿r. (signed ) John Walker, [L. S.J L. R. Lindsay.” £i The State of Alabama, ? Personally appeared be-Dallas County. $ f°re me> Isam Gwinn, an acting…
1Opinion of the CourtGibbons, J.
It is assigned for error that the court below rejected the proof of the declarations of Jones, (the appellee and proponent of the will,) tending to show that the testator was of unsound mind at the time the will was made. It will be observed that Jones, the proponent of the will, is the husband of one of the legatees under it. He holds, therefore, the same relation to the contestant, so far as the principle involved is concerned, as if he were directly a legatee. Tho question then arises, can the declarations of one of several legatees under a *454will be received in evidence to impeach its…
2Cases cited2 opinions
- Roberts v. TrawickSupreme Court of Alabama · 1848
- Roy v. SegristSupreme Court of Alabama · 1851
3Cited by19 opinions
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- Taylor v. KellySupreme Court of Alabama · 1857
- Kimbrell v. RogersSupreme Court of Alabama · 1890
- Evans v. EvansSupreme Court of Alabama · 1917
- Kelly v. ParkerIllinois Supreme Court · 1899
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