Blake v. Harlan
Supreme Court of Alabama
Appeal from the Probate Court of Cleburne. Heard before the lion. T. J. Burton. A petition was filed in the Probate Court of Cleburne by John Blake and Henry Blake, propounding for probate what purported to be the last will and testament of Thomas Blake, deceased, in which proponents, who were his sons, were named as executors. Citations were issued to the next of kin, who appeared and filed their objections in writing to the probate of the will.
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Appeal from the Probate Court of Cleburne. Heard before the lion. T. J. Burton. A petition was filed in the Probate Court of Cleburne by John Blake and Henry Blake, propounding for probate what purported to be the last will and testament of Thomas Blake, deceased, in which proponents, who were his sons, were named as executors. Citations were issued to the next of kin, who appeared and filed their objections in writing to the probate of the will. The contestants were John F. Hilton, and his wife, Celia Hilton, and S. W. Harlan and his wife, Mora Harlan. The trial was by jury, who found…
1Opinion of the CourtSomerville, J.
The statute relating to contesting the validity of wills, when presented for probate, provides that they may be contested not only by “ any person who, if the testator had died intestate, would have been an heir or distributee of his estate,” but by “anyperson interested therein.” Code, 1876, § 2317. In such cases the person making application to probate the will occupies the attitude of a plaintiff, and the contestant of the will that of a defendant.
*38In this case two of the children of the testator, who were married women, were the contestants, and their husbands united with them in the…
2Cases cited1 opinion
- Mohon v. TatumSupreme Court of Alabama · 1881
3Cited by1 opinion
- Southern Ry. Co. v. ChamblessAlabama Court of Appeals · 1914