Sowell v. Sowell's Adm'r
Supreme Court of Alabama
Appeal from the Probate- Court of Dale. In the matter of the estate of George Sowell, deceased, on the petition of Robert G. Sowell to set aside the probate of the last will and testament of said decedent, and to revoke the letters of administration previously granted by said court to George N. Traywick.
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Appeal from the Probate- Court of Dale. In the matter of the estate of George Sowell, deceased, on the petition of Robert G. Sowell to set aside the probate of the last will and testament of said decedent, and to revoke the letters of administration previously granted by said court to George N. Traywick. The petition was filed on the 10th day of March, 1866, and alleged, that said decedent died on the 11th September, 1863, after having executed his last will and testament, of which the petitioner and one F. D. Traywick, since deceased, were appointed the executors; that on the 21st September,…
1Opinion of the CourtJudge, J.
By repeated adjudications of this court, it has been settled, that when a will is admitted to probate, without notice having been given to those who are entitled to notice, the probate will .be set aside on proper application. In Roy v. Segrist, (19 Ala. 810,) this question was involved ; and the judge who delivered the opinion of the court in that case, said: “We entertain no doubt upon the point made by the counsel for the plaintiff in error, that it was the duty of the judge of probate, if the will was admitted to be proved in the absence of notice to the next of kin, to set aside such…
2Cases cited5 opinions
- Roy v. SegristSupreme Court of Alabama · 1851
- Heirs of Hill v. Hill's ex'rsSupreme Court of Alabama · 1844
- Lovett v. ChisolmSupreme Court of Alabama · 1857
- Bradley v. AndressSupreme Court of Alabama · 1855
- Stapleton v. StapletonSupreme Court of Alabama · 1852
3Cited by5 opinions
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