Grady v. Wallace

LIVINGSTON, Chief Justice.

The record before us presents a will contest tried in the Circuit Court of Etowah County, Alabama, with the aid of a jury, as provided by Sec. 63, Title 61, Code of Alabama 1940, and which resulted in a verdict and judgment for the contestants.

We must reverse and remand the cause because of erroneous instructions given to the jury by the trial court.

Nancy A. Castleberry, testatrix, died on the 30th day of October 1957, in Attalla, Etowah County, Alabama, the county of her residence at the time of her death. She was survived by three grandchildren and one niece. By…