107 Ala. 424 | Ala. | 1894
The will of the testatrix was contested by her brother and two sisters on the grounds, “that at the time it is alleged she executed said will, she was wanting in testamentary capacity,” and “that fraud and undue influence were brought to bear upon the said Savannah Shofner, in the procurement of the execution of said instrument.”
The execution of the will was duly proved by its two subscribing witnesses, one offeied by the proponent, and the other by the contestants, who show that it was executed freely and voluntarily.
We have carefully examined the evidence in the transcript. It would serve no good purpose to review it. It is practically without conflict, and shows, with all reasonable certainty, that neither of the grounds, on which the will was contested, had any foundation in'fact; but, it does satisfactorily appear that the testatrix had enough testamentary capacity and made her will, disposing of her property, according to her own desires, and without any undue influence.
If this case is to be tried again, it should be disencumbered of much illegal evidence that was admitted on the other trial, some of it, so far as appears, without objection. That J. K. Murphree, the father of the devisee and legatee, was a rich man, had nothing to do with the issues. The unsigned and undated letter, found after her death among her papers, purporting to have been written by testatrix to J. KA Murphree, was not competent to go to the jury ; nor wuis the acquaintanceship of Mrs. L. A. Senn and F. B. Lignoskki shown to have been so long and intimate with the testator, as to authorize them to give their opinion of testatrix’ mental capacity, without stating the facts upon which they based their opinions. The first named lived in Texas, and testified that while on a visit to her sister (the testatrix) in 1870 or 1871, “she acted like a crazy woman and the other, who lived in the same house with her, in 1890 or 1891,
The general charge as requested by the • proponent should have been given, and the charges asked and given for contestants should have been refused.
Reversed and remanded.