Jones v. Brooks
Supreme Court of Alabama
Appeal from Russell Probate Court. Heard before Hon. H. T. Benton. Petition by J. Estes Jones for tbe probate of tbe will of Mary E. Jones, bis wife, with contest by Rosa E. Brooks. From a decree denying probate, petitioner appeals.
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Appeal from Russell Probate Court. Heard before Hon. H. T. Benton. Petition by J. Estes Jones for tbe probate of tbe will of Mary E. Jones, bis wife, with contest by Rosa E. Brooks. From a decree denying probate, petitioner appeals. Tbe contestant is described as a sister and sole'heir at law of tbe deceased testator, and declares that, at tbe time of tbe making of tbe will,- testator was desperately ill with a fatal malady, and that by virtue of tbe influence of tbe same sbe was not of sound mind and not capable of making a will. Tbe other grounds alleged are that petitioner was the husband…
1Opinion of the CourtAnderson, J.
— Section 6172 of the Code of 1907, in making certain requirements as to wills, among other things provides that the instrument must be attested by at least two Avitnesses, who must subscribe their names thereto in the presence of the testator. The will in question was so attested by Carrie R. Rutledge and *118Mrs. Matthews, and it matters not that the other two witnesses, Dr. Hendrick and W. T. Rutledge, signed their names when not in the presence of the testatrix, as this would not impair the validity of the will.— Conoly v. Gayle, 61 Ala. 116.
It was held in the well-considered case of Bancroft…
2Cases cited11 opinions
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Eastis v. MontgomerySupreme Court of Alabama · 1890
- Eastis v. MontgomerySupreme Court of Alabama · 1891
- McQueen v. WilsonSupreme Court of Alabama · 1901
- Hawthorne v. JenkinsSupreme Court of Alabama · 1913
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Raney v. RaneySupreme Court of Alabama · 1927
- Zeigler v. CoffinSupreme Court of Alabama · 1929
- Manfredo v. ManfredoSupreme Court of Alabama · 1915
- Mindler v. CrockerSupreme Court of Alabama · 1944
19 more not listed; retrieve them via the Exa API.