Harrison v. Morrow

Summary

The Alabama Supreme Court affirmed a judgment rejecting Harrison's claim that Morrow and Anderson forfeited their inheritance interests by contesting the will. The court held that the will's in terrorem provision applied only to disputes concerning the distribution of specific bequests and did not encompass a contest challenging the validity of the will itself.

Holdings

1. The in terrorem provision prohibited only challenges concerning procedures for distributing specific bequests and distribution percentages; it did not prohibit a contest of the validity of the will itself.
2. Morrow and Anderson did not forfeit their shares because their will contest challenged the disposition of the estate rather than the distribution of a specific bequest.
3. The court did not decide whether in terrorem clauses are generally enforceable in Alabama when enforceability is specifically challenged.

Questions Presented

1. Whether the in terrorem provision in Alton Anderson's will applied to Morrow and Anderson's contest of the validity of the will.
2. Whether Morrow and Anderson forfeited their testamentary shares by challenging the will on the ground that the testator's signature was forged.

Disposition

affirmed