Dorough v. Ricks

I respectfully dissent. I do not believe that the main opinion correctly applies this Court’s decision in Hancock v. Frazier, 264 Ala. 202, 86 So.2d 389 (1956); the main opinion actually alters the traditional burdens of proof in a will contest filed in the circuit court under Ala.Code 1975, § 43-8-199. I additionally believe that this Court has denied the respondents, the Dorough brothers, due process of law by reversing the judgment of the Court of Civil Appeals on issues as to which this Court actually denied certiorari review. Finally, I respectfully dissent from the portion of the main…