Byars v. Smith

Supreme Court of Alabama

Byars v. Smith

82 So. 26, 203 Ala. 66, 1919 Ala. LEXIS 130

CourtSupreme Court of Alabama

DecidedMay 22, 1919

Docket6 Div. 905.

StatusPublished

This text of 82 So. 26 (Byars v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Byars v. Smith, 82 So. 26, 203 Ala. 66, 1919 Ala. LEXIS 130 (Ala. 1919).

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Opinion

SAYRE, J.

Appellant contested the will of her deceased ex-husband. The decree in the circuit court sustained the will. This appeal raises only a question of fact, and a brief statement will serve every necessary purpose. The averment is that testator was mentally incapable of executing a will. Testator labored, no doubt, under the disturbing influence of domestic trouble and declining health, and these things produced occasional aberrations of thought, language and conduct; but upon the whole evidence we are not at all satisfied that the will in contest was affected by mental unsoundness. On the contrary, the weight of the evidence goes to show that in the execution of his will testator knew and understood the business in which he was engaged, and' hence suffered from no lack of testamentary capacity. West v. Arrington, 200 Ala. 420, 76 South. 352.

There was no evidence whatever in support of the averment of undue Influence.

This cause will remain at all times bpen for further orders and decrees of the circuit court with reference to the administration of the estate of deceased. In such orders and decrees the interests of the minor devisees will be properly considered and conserved.

Affirmed.

ANDERSON, C. J., and McOLELLAN and GARDNER, JJ., concur.

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SAYRE, J.

Appellant contested the will of her deceased ex-husband. The decree in the circuit court sustained the will. This appeal raises only a question of fact, and a brief statement will serve every necessary purpose. The averment is that testator was mentally incapable of executing a will. Testator labored, no doubt, under the disturbing influence of domestic trouble and declining health, and these things produced occasional aberrations of thought, language and conduct; but upon the whole evidence we are not at all satisfied that the will in contest was affected by mental unsoundness. On the contrary, the weight of the evidence goes to show that in the execution of his will testator knew and understood the business in which he was engaged, and' hence suffered from no lack of testamentary capacity. West v. Arrington, 200 Ala. 420, 76 South. 352.

There was no evidence whatever in support of the averment of undue Influence.

This cause will remain at all times bpen for further orders and decrees of the circuit court with reference to the administration of the estate of deceased. In such orders and decrees the interests of the minor devisees will be properly considered and conserved.

Affirmed.

ANDERSON, C. J., and McOLELLAN and GARDNER, JJ., concur.

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Bluebook (online)

82 So. 26, 203 Ala. 66, 1919 Ala. LEXIS 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/byars-v-smith-ala-1919.

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