Leverett's Heirs v. Carlisle
Supreme Court of Alabama
EmtoR. to the Probate Court of Chambers. Carlisle propounded for probate the last will and testament of Mary G. Leverctt, deceased, which was contested by some of her heirs at law, on the ground of its having been obtained by undue influence. The question was submitted to a jury, who decided in favor of the validity of the will, and it was thereupon admitted to probate by the court.
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EmtoR. to the Probate Court of Chambers. Carlisle propounded for probate the last will and testament of Mary G. Leverctt, deceased, which was contested by some of her heirs at law, on the ground of its having been obtained by undue influence. The question was submitted to a jury, who decided in favor of the validity of the will, and it was thereupon admitted to probate by the court. A bill of exceptions was taken on the trial, from which it appears, that the contestants requested the court to charge the jury, that if they believed from the evidence that the subscribing witnesses to the will…
1Opinion of the CourtDargan, C. J.
The first instructions given by the court to the jury are entirely correct. The witnesses need not know the contents of the will they are called upon to subscribe as witnesses, and very seldom, if ever, are informed of its contents. That the testatrix knew its contents and that it contained her wishes respecting her property after her death, is all that the law ever has required.
2. The second charge is equalty free from error. Undue influence in procuring a will to be made, by which the testator disposes of his property in a manner different from wliat he would have done, had no improper…
2Cited by22 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Coghill v. KennedySupreme Court of Alabama · 1898
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- Taylor v. KellySupreme Court of Alabama · 1857
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