Ex parte Griffin
Supreme Court of Alabama
Original petition in tbe Supreme Court. Petition by Leonard Griffin, as a proponent of the will, to review a decree of the probate court of Pike county denying probate of the will. The probate court is a court of limited jurisdiction, and the jurisdiction must affirmatively appear from the record.
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Original petition in tbe Supreme Court. Petition by Leonard Griffin, as a proponent of the will, to review a decree of the probate court of Pike county denying probate of the will. The probate court is a court of limited jurisdiction, and the jurisdiction must affirmatively appear from the record. The court has no jurisdiction when sitting other than in term time as provided by section 5429. — Moore v. McGuire, 26 Ala. 461. The court must be open to render a final decree or judgment, and must be either in regular, special or adjourned session, and cannot be kept open beyond the next regular…
1Opinion of the CourtSimpson, J.
This is a petition for a writ of certiorari to the judge of the probate court of Pike county,
On September 14, 1911, said Leonard Griffin filed his petition in said probate court, seeking to probate the last will and testament of Martha A. Motes, but stating that the original will had been lost, and could not be found. So the effort was to prove the contents of the lost will and have same probated. September 29, 1911, was set apart by the court as a day to hear said petition. On that day an attempt was made to contest the will, but was eliminated by the order of the court, to the effect that…
2Cases cited13 opinions
- Miller v. JonesSupreme Court of Alabama · 1885
- Stanfill v. Court of County RevenueSupreme Court of Alabama · 1885
- Max J. Winkler Brokerage Co. v. CoursonSupreme Court of Alabama · 1909
- McAllilley v. HortonSupreme Court of Alabama · 1883
- McCulley v. CunninghamSupreme Court of Alabama · 1893
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3Cited by3 opinions
- State Ex Rel. Garrow v. GraysonSupreme Court of Alabama · 1929
- Hollingsworth v. MillerSupreme Court of Alabama · 1924
- Kenedy v. T. R. Miller Mill Co.Alabama Court of Appeals · 1917