Gaither v. Phillips
Citation | 75 So. 295,199 Ala. 689 |
Decision Date | 12 April 1917 |
Docket Number | 6 Div. 420 |
Parties | GAITHER et al. v. PHILLIPS. |
Court | Supreme Court of Alabama |
Rehearing Denied May 17, 1917
Appeal from Probate Court, Jefferson County; J.P. Stiles, Judge.
Georgia D. Gaither and another propounded for probate the will of Virginia Z. Siddons. There was contest by Lovick W. Phillips with judgment for contestant, and proponents appeal. Reversed and remanded.
The facts sufficiently appear in the opinion here, and on former appeal. The following charges were given for contestant:
Beddow & Oberdorfer and A. & F.B. Latady, all of Birmingham, for appellants.
C.C. Nesmith and C.A. Avant, both of Birmingham, for appellee.
This is the second appeal in this case. See same parties, 191 Ala 87, 67 So. 1001. The law as to what constitutes such undue influence as to avoid a will has been so often declared by this court that a citation of some of the leading cases should suffice. Council v. Mayhew, 172 Ala. 295, 55 So. 314; Mullen v. Johnson, 157 Ala. 272, 47 So. 584; Coghill v. Kennedy, 119 Ala. 641, 24 So. 459; Eastis v. Montgomery, 93 Ala. 300...
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