LACKEY v. LACKEY

8 Div. 764.

76 So.2d 761 (1954)

Luther M. LACKEY v. Jesse J. LACKEY.

Supreme Court of Alabama.

Rehearing Denied January 13, 1955.


Attorney(s) appearing for the Case

Rogers, Howard & Redden, Birmingham, H. G. Bailey, Boaz, for appellant.

Scruggs & Scruggs, Guntersville, and Mack Killcrease, Albertville, for appellee.


STAKELY, Justice.

This is a contest of the will of G. W. Lackey, deceased, by one of his children, Luther Lackey (appellant). The will was executed May 29, 1951. G. W. Lackey died February 23, 1953. The proponent of the will is Jesse Lackey (appellee), another son of G. W. Lackey. The grounds of the contest are, briefly, mental incapacity and undue influence. There was a verdict in favor of the proponent and the will. Motion for new trial was overruled. Hence this...

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