Lester v. Commisky

TORBERT, Chief Justice.

On September 24, 1948, W.V. Lester, a non-resident of Alabama, died, leaving a will, which was probated in Texas that same year. In the will, Lester devised all his real and personal property to his widow, Lillian M. Lester. His property included an undivided one-half mineral interest in some Alabama real property. When Lester died in 1948, there was no time limit for the probate in Alabama of non-residents’ wills that had been proved out of this state. Code 1940, tit. 61, § 46.

In 1951, the legislature amended the statute to provide that a foreign will must be presented…