Boyett v. Kerr
Supreme Court of Alabama
Writ of error to the County Court of Sumter County. On the 28th of October, 1839, Lock Boyett made application to the Judge of the County Court of Sumter, for probate of the last will and testament of Robert Boyett, deceased: whether this application was oral or written does not appear, but a paper is set out in the transcript in these terms : “ On Sunday, the 21st day of July, 1839, 1 was sent for by my brother, Robert Boyett, who was extremely low at the time with fever:…
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Writ of error to the County Court of Sumter County. On the 28th of October, 1839, Lock Boyett made application to the Judge of the County Court of Sumter, for probate of the last will and testament of Robert Boyett, deceased: whether this application was oral or written does not appear, but a paper is set out in the transcript in these terms : “ On Sunday, the 21st day of July, 1839, 1 was sent for by my brother, Robert Boyett, who was extremely low at the time with fever: after I arrived at my brother’s house, my brother, about twelve o’clock, on Sunday, told me that he had a fine plantation…
1Opinion of the CourtGoldthwaite, J.
— In the present case an attempt is made by the assignment of errors to connect the judgment admitting the will to probate, with the subsequent decree for a final settlement. Our opinion is that this course cannot be be pursued, inasmuch as the probate is in itself a final judgment, entirely independent of, and distinct from the subsequent administration. In manymases the parties to contest the will would be entirely different from those interested in a distribution under it; and even where the persons are the same, yet the interests of some must necessarily be different under the will from…
2Cited by13 opinions
- United States Fidelity & Guaranty Co. v. Benson Hardware Co.Supreme Court of Alabama · 1931
- Rhodes v. TurnerSupreme Court of Alabama · 1852
- Hilliard v. Binford's HeirsSupreme Court of Alabama · 1847
- Miller v. EatmanSupreme Court of Alabama · 1847
- Neal v. StateCourt of Criminal Appeals of Alabama · 1984
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