Black v. Seals

Plaintiffs John Savage, Richard Black, and Jackie Savage appeal from a summary judgment in a suit for the partition or sale of land. We reverse.

Mildred Savage owned a forty-acre tract of land in St. Clair County, Alabama. Mildred died on April 14, 1974. Her niece, Gertrude Seals, offered Mildred's will, dated August 27, 1973, which was handwritten with no subscribing witnesses, for probate. Mildred's nephew, appellant John Savage, contested that will and attempted to probate another will dated May 4, 1966. An agreement was then reached wherein Savage dropped the will contest and withdrew the…