Lees v. Brownings
Supreme Court of Alabama
Error to the Orphans’ Court of Marengo. Before Hon. J. A. Young, Judge. On the 23d day of October, 1845, Susan Browning, and William G. Browning, propounded to the orphans’ court of Marengo, a paper for probate, purporting to be the last will and testament of Nelson Browning, deceased. Citation was ordered to issue to Joseph L. Browning, and to- Wayne E. Lee, guardian of Deartha Lee, Yerilta Lee, and Greene.
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Error to the Orphans’ Court of Marengo. Before Hon. J. A. Young, Judge. On the 23d day of October, 1845, Susan Browning, and William G. Browning, propounded to the orphans’ court of Marengo, a paper for probate, purporting to be the last will and testament of Nelson Browning, deceased. Citation was ordered to issue to Joseph L. Browning, and to- Wayne E. Lee, guardian of Deartha Lee, Yerilta Lee, and Greene. W. Lee, who were the next of kin, to show cause why said will should not be admitted to probate. The record shows, that citation was issued to Joseph L. Browning, which was served on him,…
1Opinion of the CourtDargan, J.
The statute, in express language, requires the next of kin to be informed of an application to probate the *497will of a deceased relative, and only allows the application to be heard, and determined without notice, when the next of kin do not reside in the State. Clay’s Dig. 303. The record shows, that the minor heirs of Mary Lee, were of the next of kin to the testator, and interested with the other next of kin, in his estate. Yet the will was probated without notice to them, or to their guardian. This is clearly an error, for which the probate of the will must be reversed. 4 Ala. Rep. 242.
The…
2Cited by4 opinions
- Dickey v. VannSupreme Court of Alabama · 1886
- City Bank & Trust Co. v. LeonardSupreme Court of Alabama · 1910
- Ide v. JohnsonSupreme Court of Alabama · 1934
- McConico v. CannonSupreme Court of Alabama · 1854