Legal Opinion

Johnston v. King

Supreme Court of Alabama

Decided April 15, 1948No. 2 Div. 251PublishedCited by 10 opinions

1Opinion of the Court

FOSTER, Justice.

Appellees propounded for probate an instrument as the will of Alice M. DeVane King. A contest was filed by appellants. It was tried by the circuit court with a jury. There were verdict and judgment for plaintiffs (section 52, Title 61, Code), and defendants appeal.

The issue raised was whether certain undisputed occurrences established the facts-of signing and attestation of the will within the meaning of the Code (section 24, Title 61, Code), especially whether the witnesses-Subscribed their names “thereto”. Their subscription was in the presence of the testator as that…

2Cases cited12 opinions

  1. Barnewall v. MurrellSupreme Court of Alabama · 1895
  2. Woodruff v. HundleySupreme Court of Alabama · 1900
  3. Bolton v. BoltonMississippi Supreme Court · 1914
  4. Riley v. RileySupreme Court of Alabama · 1860
  5. Ritchey v. JonesSupreme Court of Alabama · 1923

7 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. King v. KeithSupreme Court of Alabama · 1952
  2. Cook v. MortonSupreme Court of Alabama · 1950
  3. Copeland v. Swiss Cleaners, Inc.Supreme Court of Alabama · 1951
  4. Borden v. CaseSupreme Court of Alabama · 1960
  5. Hughes v. Merchants Nat. Bank of MobileSupreme Court of Alabama · 1951

5 more not listed; retrieve them via the Exa API.

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