Kaplan v. Coleman
Supreme Court of Alabama
Appeal from Calhoun Chancery Court. Heard before. Hon. W. W. Whiteside. Bill by Robert Kaplan against Thomas W. Coleman and others, as executors of Lewis H. Kaplan, deceased. From a decree for respondents, complainant appeals. The appeal is prosecuted by Robert Kaplan from a decree of the chancery court holding certain pleas good and sufficient for the abatement of his suit, and their sufficiency for that purpose is the sole question presented.
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Appeal from Calhoun Chancery Court. Heard before. Hon. W. W. Whiteside. Bill by Robert Kaplan against Thomas W. Coleman and others, as executors of Lewis H. Kaplan, deceased. From a decree for respondents, complainant appeals. The appeal is prosecuted by Robert Kaplan from a decree of the chancery court holding certain pleas good and sufficient for the abatement of his suit, and their sufficiency for that purpose is the sole question presented. Appellant filed his bill of complaint in the Calhoun chancery court against appellees, as executors of the last will of his father, Lewis H. Kaplan,…
1Opinion of the Court
SOMERVILLE, J.—
(after stating the facts as above). This bill is filed by the sole heir at law of the testator to contest and annul the will of the latter, in accordance with the provisions of section 6207 of the Code.
The sufficiency of the pleas in abatement, as filed by the executors of the will must be tested primarily by a consideration of the object and scope of the pending-suit for testamentary construction, and the nature of the remedy given by statute for the contest of wills in chancery.
A plea in abatement because of another suit pending bears a strong analogy to a plea, of res…
2Cases cited18 opinions
- Goodman v. WinterSupreme Court of Alabama · 1879
- Foster v. NapierSupreme Court of Alabama · 1883
- Matthews v. McDadeSupreme Court of Alabama · 1882
- Lyons v. CampbellSupreme Court of Alabama · 1889
- Faught v. FaughtIndiana Supreme Court · 1884
13 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Brissie v. CraigSupreme Court of North Carolina · 1950
- Allen v. PughSupreme Court of Alabama · 1921
- Harris v. Town of Tarrant CitySupreme Court of Alabama · 1930
- Brittain v. IngramSupreme Court of Alabama · 1968
- Ex Parte WalterSupreme Court of Alabama · 1918
38 more not listed; retrieve them via the Exa API.