Woodcock v. McDonald
Supreme Court of Alabama
APPEAL from the Chancery Court of Mobile. Heard before the Hon. WADE KEYES. Tnis bill was filed by the appellants, as heirs-at-law of Alexander Mints, deceased, to set aside the probate of their ancestor's will, which was dated January 20, 1845, and was admitted to probate on the 20th July, 1845. In accordance with the prayer of the bill, an issue was submitted to a jury, who returned a verdict in favor of the validity of the will.
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APPEAL from the Chancery Court of Mobile. Heard before the Hon. WADE KEYES. Tnis bill was filed by the appellants, as heirs-at-law of Alexander Mints, deceased, to set aside the probate of their ancestor's will, which was dated January 20, 1845, and was admitted to probate on the 20th July, 1845. In accordance with the prayer of the bill, an issue was submitted to a jury, who returned a verdict in favor of the validity of the will. The chancellor refused to grant another trial, and dismissed the bill; and his decree in these particulars, together with the rulings of the circuit court on the…
1Opinion of the CourtStone, J.
The will in this case was attested by three subscribing witnesses; and tbe question is here made, that tbe attestation is insufficient under tbe act of 1806. Clay’s Digest, 596, § 1.
One of tbe witnesses testifies, that be saw tbe testator subscribe the paper in controversy as bis last will and testament; and that he, the witness, then and there, at the request, and in tbe presence of tbe testator, subscribed tbe same as a witness. This witness further testifies, that be wrote tbe said will as the same was dictated to him by Mr. Mims; that be road it over, and Mr. Mims approved it; and that…
2Cases cited3 opinions
- Brown v. RickettsNew York Court of Chancery · 1818
- Glen v. FisherNew York Court of Chancery · 1822
- Hoffman v. HoffmanSupreme Court of Alabama · 1855
3Cited by7 opinions
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Little v. SuggSupreme Court of Alabama · 1942
- Ritchey v. JonesSupreme Court of Alabama · 1923
- Logwood v. HusseySupreme Court of Alabama · 1877
- Hale v. CoxSupreme Court of Alabama · 1935
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