Lockard v. Stephenson
Supreme Court of Alabama
Appeal from the Probate Court of Pike. Heard before the Hon. W. J. Hilliard. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Probate Court of Pike. Heard before the Hon. W. J. Hilliard. The facts of the case are sufficiently stated in the opinion. It has been decided by this court that to entitle one to contest a will, it is not necessary that he should be an heir or legatee under the will sought to be contested ; and it is held in that case, that one who is a beneficiary under a subsequent will, having no interest in the estate, and not being an heir, might contest the alleged prior will upon the ground that its admission to probate would affect the interest of a beneficiary under the subsequent…
1Opinion of the CourtTyson, J.
The sole devisee and legatee, Myrtle Stephenson, under the last will and testament of her mother, Mary P. Stephenson, propounded said, instrument for probate in the probate court of Pike county. Appellants filed a contest seeking to impeach its validity, alleging as their right to do so, in effect, that they have a lien as judgment creditors of J. T. Stephenson, the husband of the testatrix, who is wholly insolvent; that by reason of said will their debtor is deprived of his distributive share in the property of his wife ; that Mary P. Stephenson died seized and possessed of-real and personal…
2Cases cited1 opinion
- In re the Last Will of LangevinSupreme Court of Minnesota · 1891
3Cited by12 opinions
- Keeler v. LauerSupreme Court of Kansas · 1906
- Braasch v. WorthingtonSupreme Court of Alabama · 1915
- Lee v. KeechCourt of Appeals of Maryland · 1926
- State ex rel. Damon v. McQuillinSupreme Court of Missouri · 1912
- Murphy v. FreemanSupreme Court of Alabama · 1930
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