Legal Opinion · Dissent

Rucker v. Morgan

Court of Civil Appeals of Alabama

Decided July 19, 1996No. 2950016Published

1DissentMonroe, Judge

This case underscores the harsh effect our law has on those would-be testators who, for whatever reason, do not seek legal assistance in preparing their wills. As a result, despite the existence of a will stating the clearest of intentions and possessing adequate safeguards to assure there is no fraud or undue influence, the law tosses the document out as invalid if it is missing any component deemed necessary by statute.

This is the type of ease that people cite in arguing with increasing frequency that the legal system applies the law in ways that often produce results contrary to common…

2Cases cited2 opinions

  1. Clark v. HouseSupreme Court of Alabama · 1920
  2. Weaver v. GrantSupreme Court of Alabama · 1981

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