Legal Opinion
Montgomery v. Burchell
Supreme Court of Alabama
Decided September 7, 1984No. 83-541PublishedCited by 7 opinions
1Opinion of the Court
This is an appeal from the trial court's denial of a Rule 60 (b), Ala.R.Civ.P., motion for relief from a judgment entered in a will contest case.
The facts are undisputed. On January 6, 1981, the will of Wilmer Britnell was admitted to probate in Franklin County.
On July 6, 1981, Nellie Montgomery, through her attorney, filed a will contest in probate court and demanded transfer to circuit court. It was so transferred. On March 18, 1983, the proponents moved to dismiss the contest because the circuit court lacked jurisdiction under Code 1975, § 43-8-199.1 Their motion was granted on May 12,…
2Cases cited4 opinions
- Textron, Inc. v. WhitfieldSupreme Court of Alabama · 1979
- Charles Townsend Ford, Inc. v. EdwardsCourt of Civil Appeals of Alabama · 1979
- Blackmon v. W.S. Badcock Corp., Inc.Court of Civil Appeals of Alabama · 1977
- Young v. ReddockSupreme Court of Alabama · 1983
3Cited by7 opinions
- Ex Parte OdenSupreme Court of Alabama · 1992
- Diamond v. AronovSupreme Court of Alabama · 1993
- Grover v. GroverCourt of Civil Appeals of Alabama · 1987
- Norfolk v. WynnSupreme Court of Alabama · 1991
- Oden v. Morgan County Board of EducationSupreme Court of Alabama · 1992
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