Wear v. Wear
Supreme Court of Alabama
Appeal from Probate Court, Jefferson County; J. P. Stiles, Judge. Probate proceeding . by C. N. Wear to establish the will of William T. Wear, deceased, which was contested by O. S. Wear and others. From a decree denying probate, the proponent appeals. The contest was as follows: (1) That said W. T. Wear was of unsound mind at the time of the alleged execution of the paper purporting fo be his last will and testa-' ment.
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Appeal from Probate Court, Jefferson County; J. P. Stiles, Judge. Probate proceeding . by C. N. Wear to establish the will of William T. Wear, deceased, which was contested by O. S. Wear and others. From a decree denying probate, the proponent appeals. The contest was as follows: (1) That said W. T. Wear was of unsound mind at the time of the alleged execution of the paper purporting fo be his last will and testa-' ment. (2) That W. T. Wear, at the time of the making of said paper purporting to be his will, was .under the domination and control of C. N. Wear and his wife, Mary J. Wear, or…
1Opinion of the Court
McCBEBBAN, R
This is an appeal from a decree, following verdict of a jury, denying probate' to a paper, of date November 30, 1914, propounded as the last will and testament of William T. Wear, deceased. ■ The probate was prayed by O. N. Wear, a son of the decedent, who was named executor thereof. The contestants were O. S. Wear and Mrs. Partain, children of the decedent, and Mrs. Nabers, a daughter of a long-deceased child of the decedent. The report of the appeal will contain all of the grounds of contest, viz.: Nos. 1, 2, and 3.
[1-3] There can be no doubt of the sufficiency of the first…
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