Bruce v. Sierra
Supreme Court of Alabama
Appeal from Mobile Probate Court. Heard before Hon. Price Williams, Jr. Petition by Jane Brnce Sierra for the probate of the will of Catherine L. Bruce, deceased, and Catherine L. Bruce and others appeared to contest the probate. Prom a decree admitting the will to probate, contestants appeal.
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Appeal from Mobile Probate Court. Heard before Hon. Price Williams, Jr. Petition by Jane Brnce Sierra for the probate of the will of Catherine L. Bruce, deceased, and Catherine L. Bruce and others appeared to contest the probate. Prom a decree admitting the will to probate, contestants appeal. The basis of the contest was that, long after making said proposed will, Catherine L. Bruce, made and executed, in the presence of witnesses as required by law, another will covering the same property, thereby revoking said former will. The testimony of the witness Inge was in full accord with all of…
1Opinion of the CourtAnderson, J.
Section 6174 of the Code of 1907 provides that a will otherwise regular can be revoked only by the destruction of same, with the intention of revoking it, or “by some other will in writing, or some other writing subscribed by the testator, and attested as prescribed in the first section of this article,” i. e., section 6172. It is therefore plain that the revoking must be executed with all due formality, and the compliance Avith every legal requirement must appear affirmatively as follows: (1) The will must be in writing; (2) it must be signed by the testator, or some one for him; (8) it must…
2Cases cited7 opinions
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Knox v. KnoxSupreme Court of Alabama · 1891
- Allen v. BrombergSupreme Court of Alabama · 1906
- Barker v. BellSupreme Court of Alabama · 1873
- Head ex rel. Youngblood v. ShaverSupreme Court of Alabama · 1846
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Southern Ry. Co. v. DicksonSupreme Court of Alabama · 1924
- Wenger v. WengerSupreme Court of Minnesota · 1937
- City of Stamford v. Town of StamfordSupreme Court of Connecticut · 1928
- Kaljuste v. Hennepin County Sanatorium CommissionSupreme Court of Minnesota · 1953
- Brooks v. EverettSupreme Court of Alabama · 1960
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