Hodge v. Rambo
Supreme Court of Alabama
Will Contest. Appeal from Jefferson Probate Court. Heard before Hon. Samuel E. Greene. Application by C. T. Rambow for the probate of the will of Prank Hodge, deceased, in which John Wesley Hodge and others appeared as contestants. From a decree admitting the will to probate, the contestants appeal.
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Will Contest. Appeal from Jefferson Probate Court. Heard before Hon. Samuel E. Greene. Application by C. T. Rambow for the probate of the will of Prank Hodge, deceased, in which John Wesley Hodge and others appeared as contestants. From a decree admitting the will to probate, the contestants appeal. Certain children of decedent filed their contest of said will on the following grounds: (1) Decedent, at the time of the making of said will, was not of sound mind, and was incapable of making any disposition of his affairs. (2) The will was not duly executed. (3) That its execution was procured…
1Opinion of the CourtAnderson, J.
The trial court proceeded in a legal and orderly manner in organizing the jury, and did not have to supply 12 men before requiring the contestants to pass on those remaining after some had been challenged. — Schieffelin v. Schieffelin, 127 Ala. 14, 28 South. 687. Nor did the contestants have the right to perernp-torily challenge a .juror that had been previously accepted by them.
The ground of contest in no way questioned the right or authority of the proponent to offer the will for proof and probation. The only issue was the validity of the will, and the contestants, by making the contest,…
2Cases cited3 opinions
- Schieffelin v. SchieffelinSupreme Court of Alabama · 1899
- Woodruff v. HundleySupreme Court of Alabama · 1900
- Southern Ry. Co. v. MorrisSupreme Court of Alabama · 1904
3Cited by32 opinions
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- People's Savings Bank v. JordanSupreme Court of Alabama · 1917
- North British & Mercantile Ins. Co. v. SciandraSupreme Court of Alabama · 1951
- Whitsett v. BelueSupreme Court of Alabama · 1911
- City of Huntsville v. GoodenrathAlabama Court of Appeals · 1915
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