Jaques v. Horton
Supreme Court of Alabama
Appeal from the Probate Court of Morgan. Tried before the lion. E. M. Russell. In the matter of the probate of a paper which was propounded as a copy of the last will and testament of Dr. Jacob Y. Cantwell, deceased, who died in said county of Morgan, on or about the 11th February, 1883, as the proponent’s petition alleged, leaving assets therein.
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Appeal from the Probate Court of Morgan. Tried before the lion. E. M. Russell. In the matter of the probate of a paper which was propounded as a copy of the last will and testament of Dr. Jacob Y. Cantwell, deceased, who died in said county of Morgan, on or about the 11th February, 1883, as the proponent’s petition alleged, leaving assets therein. The petition was filed on the 18th July, 1883, by Mrs. R. D. Horton, who was a niece of said decedent, and to whom certain real estate in the town of Decatur was devised by the will; and the probate was contested by Mrs. Margaret Jaques, who was a…
1Opinion of the CourtClopton, J.
— By the express terms of the statute, the Court of Probate of Morgan county had jurisdiction to take proof, and to admit to probate the will of the testator, it being shown that he died in that county, leaving assets therein, though his domicile may have been in another State. And if the will has been lost, or destroyed, without the consent or knowledge of the testator, and remains uncancelled at his death, the court may admit it to probate on competent evidence of its execution and contents. — Code, 1876, § 2304; Apperson v. Cottrell, 3 Port. 51; McBeth v. McBeth, 11 Ala. 596.
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