Deslonde & James v. Darrington's Heirs
Supreme Court of Alabama
Appeal from the Probate Court of Clarke. IN the matter of the last will and testament of John Bar-rington, deeeased, which was propounded for probate by Edmund A. Deslonde and Robert D. James, who were therein named as joint executors, and was resisted by the Written objections were filed to the probate, and issue was thereon joined, and a jury trial had, which resulted in a verdict against the validity of the will; and the court thereupon rendered judgment, rejecting the…
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Appeal from the Probate Court of Clarke. IN the matter of the last will and testament of John Bar-rington, deeeased, which was propounded for probate by Edmund A. Deslonde and Robert D. James, who were therein named as joint executors, and was resisted by the Written objections were filed to the probate, and issue was thereon joined, and a jury trial had, which resulted in a verdict against the validity of the will; and the court thereupon rendered judgment, rejecting the probate, and awarding a portion of the costs against the proponents.- “During the progress of the cause,” as the bill of…
1Opinion of the CourtStone, J.
In Gilbert v. Gilbert, 22 Ala. 529, this court held the proponent of a will an incompetent witness to sustain its validity, because of his liability for costs. That was a proceeding before the Code went into operation, and lienee not governed by its provisions.
Should a different rule prevail under the Code? Section 1634 declares, that where a will is contested, before the probate thereof, “an issue must be made up, under the direction of the court, between the person making the application, as plaintiff, and the person contesting the validity of the will, as defendant.” Section 1643 is in the…
2Cases cited4 opinions
- Gilbert v. GilbertSupreme Court of Alabama · 1853
- Weir v. HossSupreme Court of Alabama · 1844
- Powell v. AllredSupreme Court of Alabama · 1847
- Stone v. BibbSupreme Court of Alabama · 1841
3Cited by36 opinions
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- Taylor v. KellySupreme Court of Alabama · 1857
- Matthews v. McDadeSupreme Court of Alabama · 1882
- Gray v. StateSupreme Court of Alabama · 1879
- Thrasher v. IngramSupreme Court of Alabama · 1858
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