Lyons v. Campbell
Supreme Court of Alabama
Appeal from tbe Chancery Court of Madison. Heard before the Hon. Thos. Cobbs. The bill in this case was filed on the 25th February, 1887, by Mrs. Mary A. Lyons and three others, as heirs at law and next of kin of Mrs. Mary P. Bice, deceased, against Archibald Campbell and others; and sought to set aside the probate of Mrs. Bice’s will, on the ground that it was procured by fraud and undue influence on the part of said Campbell, who was the residuary legatee, and was also…
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Appeal from tbe Chancery Court of Madison. Heard before the Hon. Thos. Cobbs. The bill in this case was filed on the 25th February, 1887, by Mrs. Mary A. Lyons and three others, as heirs at law and next of kin of Mrs. Mary P. Bice, deceased, against Archibald Campbell and others; and sought to set aside the probate of Mrs. Bice’s will, on the ground that it was procured by fraud and undue influence on the part of said Campbell, who was the residuary legatee, and was also appointed as executor, and relieved from giving bond. Mrs. Bice died in August, 1885, and left no surviving husband,…
1Opinion of the CourtClopton, J.
The statute which prevailed in this State prior to the adoption of the Code of 1852 provided: “Within five years from the time of the first probate of any will, any person interested in such will may, by bill in chancery, contest the validity of the same, and the court of chancery may thereupon direct an issue or issues in fact to be tried by a jury as in other cases; and in all such trials, the certificate of the oath' of the witnesses, at the time of taking the original probate, shall be admitted as evidence to the jury, to have such weight as they may think it deserves.” Olay’s Digest,…
2Cases cited8 opinions
- Shipman v. FurnissSupreme Court of Alabama · 1881
- Florey's Executors v. FloreySupreme Court of Alabama · 1854
- Kumpe v. CoonsSupreme Court of Alabama · 1879
- Daniel v. HillSupreme Court of Alabama · 1875
- Johnston v. GlasscockSupreme Court of Alabama · 1841
3 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Eastis v. MontgomerySupreme Court of Alabama · 1890
- Kaplan v. ColemanSupreme Court of Alabama · 1912
- Henry v. HallSupreme Court of Alabama · 1894
29 more not listed; retrieve them via the Exa API.