Couch v. Couch
Supreme Court of Alabama
Error to the Orphans’ Court of Franklin. AppuicatxoN, by the defendant in error, for probate of the will of Sarah Couch, which was resisted by the heirs at law.
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Error to the Orphans’ Court of Franklin. AppuicatxoN, by the defendant in error, for probate of the will of Sarah Couch, which was resisted by the heirs at law. The will is as follows: State of Alabama — Franklin County : I, Sarah Couch, of said State and county, do, of my last will and testament, will unto my nephew Henry M. Couch, the following property, to wit: one negro girl named Yiolett, about twelve years of age, and one negro boy named Wiley, about ten years old: also, two cows and three calves, and one bed and furniture, and other household and kitchen furniture, too tedious to…
1Opinion of the CourtOrmond, J.
— From the course pursued in -this cause, in the Court below, this Court is now to determine, whether, from the facts in evidence, the paper offered for probate, is the last will and testament of Sarah Couch.
To the validity of a will of personal property, it is only necessary that it be made by, or according to the directions of the deceased and be in writing. It is not necessary that it be witnessed, or written, or signed, by the testator; if drawn up according to his directions, and approved by him, it may operate as a valid will. [2 Blackstone Com. 501; 1 Roberts on Wills, 148; Lovelass on…
2Cited by11 opinions
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Stubbs v. HoustonSupreme Court of Alabama · 1859
- Corbit v. SmithSupreme Court of Iowa · 1858
- Leeper v. TaylorSupreme Court of Alabama · 1872
- Williamson v. NabersSupreme Court of Georgia · 1853
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