Griffin v. Milligan
Supreme Court of Alabama
Appeal from Pike Probate Court. Heard before Hon. A. C. Edmondson. Application by Leonard Griffin for tbe probate of tbe will of Martba A. Motes, deceased, with an attempted contest by Jack O. Milligan. From ajudgment refusing probate, proponent appeals.
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Appeal from Pike Probate Court. Heard before Hon. A. C. Edmondson. Application by Leonard Griffin for tbe probate of tbe will of Martba A. Motes, deceased, with an attempted contest by Jack O. Milligan. From ajudgment refusing probate, proponent appeals. Milligan was not a proper party to tbe contest. — Lockhart v. Stevenson, 120 Ala. 641; Rainey v. Ridgeway, 148 Ala. 524. A sufficient predicate was laid for tbe introduction of secondary evidence of tbe contents of tbe will. — 17 Cyc. 532; 25 A. & E. Enc. of Law, 166; 4 Mayf. 108; Burke v. Bragg, 89 Ala. 204. Tbe will was good as far as…
1Opinion of the CourtSayre, J.
Ten years after the death of Martha A. Motes, Leonard Griffin propounded and sought to establish an alleged will of said Martha A. Motes, averring that the said will had been lost' or destroyed, and that his mother, Matilda A. Motes, who resided at Goshen, in this state, was the only child of deceased. J. O. Milligan filed his petition for contest averring, in order to show his interest, that, five years after the death of Martha A. Motes, he had purchased a part of the land, disposed of by the alleged will to proponent,'from said Matilda A. Motes, who was then in possession claiming to own…
2Cases cited4 opinions
- Ex parte BuckleySupreme Court of Alabama · 1875
- Dickey v. VannSupreme Court of Alabama · 1886
- Elmore v. StevensSupreme Court of Alabama · 1912
- Williams v. HarperSupreme Court of Alabama · 1891
3Cited by8 opinions
- John E. Ballenger Const. Co. v. State Board of AdjustmentSupreme Court of Alabama · 1937
- State Ex Rel. Lynne v. GurleySupreme Court of Alabama · 1928
- McLeod v. TurnerSupreme Court of Alabama · 1935
- Bowe v. PiersonSupreme Court of Alabama · 1921
- McCarthy v. Texas Co.Court of Appeals of Texas · 1921
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