Burney v. Torrey
Supreme Court of Alabama
Appeal from the Probate Court of Jefferson County. Tried before the Hon. M. T. Porter: In the matter of the probate of the will of Samuel Torrey, deceased, Henry W. Torrey contested its probate, and, from a judgment declaring the will invalid, the executors appeal. The proceedings in this case arose out of a contest by the appellee of the probate of a paper filed by the appeliants, purporting to be the last will and testament of Samuel Torrey, deceased.
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Appeal from the Probate Court of Jefferson County. Tried before the Hon. M. T. Porter: In the matter of the probate of the will of Samuel Torrey, deceased, Henry W. Torrey contested its probate, and, from a judgment declaring the will invalid, the executors appeal. The proceedings in this case arose out of a contest by the appellee of the probate of a paper filed by the appeliants, purporting to be the last will and testament of Samuel Torrey, deceased. The appeal is taken from a judgment of the Probate Court declaring that the paper filed was invalid as the last will and testament of Samuel…
1Opinion of the CourtColeman, J.
Appellants offered to probate an instrument as the last will and testament of Samuel Torrey. The probate was contested by Henry W. Torrey, a son of deceased by a former wife to the one which survived the deceased, and who was made the sole beneficiary under the instrument offered for probate as his will. The grounds of contest were:
1st. That the instrument was not legally executed.
2d. Want of testamentary capacity.
3d. Fraud and undue influence.
The record is voluminous, and the assignments of error unnecessarily numerous,—many raising the same legal questions. We will consider the important…
2Cases cited11 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Ford v. StateSupreme Court of Alabama · 1882
- Taylor v. KellySupreme Court of Alabama · 1857
- Eastis v. MontgomerySupreme Court of Alabama · 1890
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3Cited by75 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Parrish v. StateSupreme Court of Alabama · 1903
- Burton v. StateSupreme Court of Alabama · 1894
- George v. StateSupreme Court of Alabama · 1941
- Councill v. MayhewSupreme Court of Alabama · 1911
70 more not listed; retrieve them via the Exa API.