Knox v. Paull
Supreme Court of Alabama
Appeal from the. Chancery Court of Montgomery. Heard before the Hon. JohN A. Foster The bill in this case was filed on the 18th April, 1891, by Wm. 0. Pauli and his sister, grandchildren of Mrs. Anna Ó. Knox, deceased, against William Knox and Alex. Troy, her executors, and sought to set aside the probate of her last will and testament, and to remove the administration of the estate into the Chancery Court.
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Appeal from the. Chancery Court of Montgomery. Heard before the Hon. JohN A. Foster The bill in this case was filed on the 18th April, 1891, by Wm. 0. Pauli and his sister, grandchildren of Mrs. Anna Ó. Knox, deceased, against William Knox and Alex. Troy, her executors, and sought to set aside the probate of her last will and testament, and to remove the administration of the estate into the Chancery Court. The will had been admitted to probate after a contest by Edward N. Knox, another grandchild, as shown by the report of the case, ante, pp. 495-504; and the bill assailed its validity on…
1Opinion of the CourtWalken, J.
At tbe common law, tbe probate of a will by wbicb real estate was devised was without effect upon tbe title to that species of property. Indeed, so far as real estate was concerned, there was no such thing as tbe probate of a will in tbe sense in wbicb tbe term was used in reference to wills of personal property. Tbe latter class of wills could be probated either in common form or in solemn form. A probate in common form was permitted without notice to parties in interest, and without affording them an opportunity to contest. They were not required to abide by tbe result of such a summary…
2Cases cited11 opinions
- Kumpe v. CoonsSupreme Court of Alabama · 1879
- Donegan v. WadeSupreme Court of Alabama · 1881
- Deslonde & James v. Darrington's HeirsSupreme Court of Alabama · 1856
- Lyons v. CampbellSupreme Court of Alabama · 1889
- Johnston v. GlasscockSupreme Court of Alabama · 1841
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Crawfordsville Trust Co. v. RamseyIndiana Supreme Court · 1912
- Kaplan v. ColemanSupreme Court of Alabama · 1912
- McCutchen v. LogginsSupreme Court of Alabama · 1895
- Blacksher Co. v. NorthrupSupreme Court of Alabama · 1911
- Caverno v. WebbSupreme Court of Alabama · 1940
16 more not listed; retrieve them via the Exa API.