143 So. 468 | Ala. | 1932
This is a bill filed by the appellee against the appellant as an individual and as executrix of the estate of L. W. Borton, deceased, contesting the alleged will of said L. W. Borton on the ground that the execution of said will was procured by undue influence exerted by the respondent.
This appeal is from the decree of the court overruling the respondent's demurrer to the bill, and the sole contention is that the facts alleged "are wholly insufficient to charge the defendant with the exercise of that undue influence which is necessary to set aside and hold for naught the otherwise voluntarily executed and probated will."
While undue influence "is a species of constructive fraud which the courts will not undertake to define by any fixed principle, lest the very definition itself furnish a finger-board pointing out the path by which it may be evaded" (Shipman v. Furniss,
Barksdale v. Davis,
In Ellis et al. v. Crawson,
While the bill as amended alleges the facts and circumstances leading up to the execution of the will, with more or less detail, showing that the respondent was the active and dominant party in the several transactions — a sufficient background for undue influence (Powe et al. v. Payne et al.,
The circuit court ruled in accordance with these views, and the decree is due to be affirmed. It is so ordered.
Affirmed.
ANDERSON, C. J., and THOMAS and KNIGHT, JJ., concur.