Bowling v. Bowling, Ex'r.
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Lawrence. Application by the defendant in error, for probate of the will of Alexander Bowling. The will being contested upon the allegation that the testator was not of disposing mind and memory, an issue was made up to try the fact, and submitted to a jury.
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Writ of Error to the Orphans’ Court of Lawrence. Application by the defendant in error, for probate of the will of Alexander Bowling. The will being contested upon the allegation that the testator was not of disposing mind and memory, an issue was made up to try the fact, and submitted to a jury. The defendant in error introduced two persons who were witnesses to the will, each of whom deposed to the due and proper execution of the will, and that the testator was of sound and disposing mind and memory. They also proved, that one Robert Martin also witnessed the will in their presence,…
1Opinion of the CourtOrmond, J.
This being a will of lands, the statute of this State requires, that it should “ be signed by the testator or testatrix, or by some person in his or her presence, and by his or her direction, and attested by three or more respectable [reputable] witnesses, subscribing their names thereto, in the presence of such devisorj saving however to the widow of the testator,” &c.
In England, the statute of 29 Charles 2, is substantially the same as ours, and there it has always been held, that one witness who could swear to the execution of the will by the testator, and that he subscribed the will, and…
2Cases cited5 opinions
- Grant v. ThompsonSupreme Court of Connecticut · 1822
- Poole v. RichardsonMassachusetts Supreme Judicial Court · 1807
- Chase v. LincolnMassachusetts Supreme Judicial Court · 1807
- Nalle's Representatives v. FenwickCourt of Appeals of Virginia · 1826
- Apperson v. CottrellSupreme Court of Alabama · 1836
3Cited by7 opinions
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Reynolds v. MasseySupreme Court of Alabama · 1929
- In re CarmichaelSupreme Court of Alabama · 1860
- Norris v. StateSupreme Court of Alabama · 1849
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