Legal Opinion

Allen v. Scruggs

Supreme Court of Alabama

Decided November 7, 1914PublishedCited by 31 opinions

Appeal from Choctaw Probate Court. Heard before Hon. W. H. Lindsey. Petition by Robert Allen to establish and probate a lost will, with contest by Joe Scruggs and others. From a decree denying probate to the will, petitioner appeals.

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Appeal from Choctaw Probate Court. Heard before Hon. W. H. Lindsey. Petition by Robert Allen to establish and probate a lost will, with contest by Joe Scruggs and others. From a decree denying probate to the will, petitioner appeals. The amended will sought to be probated is as follows : Know all men by these presents that I, L. Ryal Noble, of the county of Choctaw and state of Alabama, being of sound mind and disposing memory, but in bad health, and mindful of the uncertainty of life, do make, publish and declare this writing as my last will and testament as follows: I give and devise to my…

1Opinion of the Court

McCLELLAN, j.-

This is an appeal from a decree of the probate court of Choctaw county denying, upon contest, probate to any alleged lost last will and testament of L. Ryal Noble, deceased. A copy of the instrument sought to be probated was exhibited with the petition, and the copy thus exhibited was so- amended by the permission of the court during the trial, as to conform it to the proponent’s assertion of the contents of the alleged lost instrument. As amended, the exhibited copy will be set out in the report of the appeal. The contest was heard and decided by the probate judge, without the…

2Cases cited12 opinions

  1. Barnewall v. MurrellSupreme Court of Alabama · 1895
  2. Woodruff v. HundleySupreme Court of Alabama · 1900
  3. Shorter v. SheppardSupreme Court of Alabama · 1859
  4. Laster v. BlackwellSupreme Court of Alabama · 1900
  5. Potts v. ColemanSupreme Court of Alabama · 1888

7 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Hodge v. JoySupreme Court of Alabama · 1921
  2. Little v. SuggSupreme Court of Alabama · 1942
  3. Reynolds v. MasseySupreme Court of Alabama · 1929
  4. Massey v. ReynoldsSupreme Court of Alabama · 1925
  5. Crampton v. OsbornSupreme Court of Missouri · 1947

26 more not listed; retrieve them via the Exa API.

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