Moore v. Spier
Supreme Court of Alabama
Appeal from Wilcox Probate Court. Heard before Hon. Tiros. L. Cochran. In the matter of the last will and testament of Elizabeth Savage, deceased, which was propounded for probate on the 11th April, 1884, by James P. Spier, the executor and principal beneficiary named therein. The probate of the instrument was resisted by Leonard Moore and other relatives of the testatrix upon the grounds or specifications hereinafter set out.
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Appeal from Wilcox Probate Court. Heard before Hon. Tiros. L. Cochran. In the matter of the last will and testament of Elizabeth Savage, deceased, which was propounded for probate on the 11th April, 1884, by James P. Spier, the executor and principal beneficiary named therein. The probate of the instrument was resisted by Leonard Moore and other relatives of the testatrix upon the grounds or specifications hereinafter set out. The proceedings attacking the validity of the will were begun in the Probate Court, but subsequently transferred to the Register in Chancery on account of the…
1Opinion of the CourtSomeryille, J.
-The motion to dismiss the appeal can not be sustained. It was taken within the thirty days allowed *133by the statute, so far as appears from the record. The notice or citation, it is true, was not served for several months after-wards, but this irregularity affected' only the question as to' when the appeal should stand for trial, and not the jurisdictional validity of the appeal itself, which became complete when it was prayed for and the requisite security given. Willingham v. Howell, 34 Ala. 680. The appellee, it may be, had his remedy for this delay by requesting a judgment of affirmance on…
2Cases cited8 opinions
- Ford v. StateSupreme Court of Alabama · 1882
- Shipman v. FurnissSupreme Court of Alabama · 1881
- Taylor v. KellySupreme Court of Alabama · 1857
- Waddell v. LanierSupreme Court of Alabama · 1878
- Mobile Mutual Insurance v. ClevelandSupreme Court of Alabama · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Parrish v. StateSupreme Court of Alabama · 1903
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Ginter v. GinterSupreme Court of Kansas · 1909
- George v. StateSupreme Court of Alabama · 1941
23 more not listed; retrieve them via the Exa API.