Price v. Marshall

SIMPSON, Justice.

This is a contest of the will of Girlie Hutto Fraser, made in Daytona Beach, Florida, December 22, 1945. Mrs. Fraser died in Newville, Henry County, Alabama, in May, 1948, and the parties are the next of kin — the brothers, a sister, nieces and nephews of testatrix. Trial was by jury in the probate court, pursuant to the statute.

The grounds of contest were insanity and undue influence allegedly exerted on testatrix by her nephew, Byrd Marshall, one of the proponents of the will. Trial below resulted in a verdict and judgment for the proponents and the contestants bring the…