Stedham's Heirs v. Stedham's
Supreme Court of Alabama
[CONTEST AS TO VALIDITY OP WILL.] Appeal from tbe Probate Court of Baldwin. IN the matter of the last will and testament of Mary A. Stedham, deceased, which was propounded for probate by James B. Stedham, the executor therein named, and contested by the decedent’s heirs-at-law and distributees.
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[CONTEST AS TO VALIDITY OP WILL.] Appeal from tbe Probate Court of Baldwin. IN the matter of the last will and testament of Mary A. Stedham, deceased, which was propounded for probate by James B. Stedham, the executor therein named, and contested by the decedent’s heirs-at-law and distributees. The grounds on which the will was contested were — “ 1st, that said Mary A. Stedham, at the time of executing said supposed will, was not of sound mind and disposing memory, and therefore said paper purporting to be her will is not her last will and testament; 2d, that said Mary A. Stedham, at the time…
1Opinion of the CourtStone, J.
We think the probate court erred in refusing to the contestants a jury trial on the validity of Mrs. Stedham’s will. True, it would seem the better practice that a party who desires that a jury shall pass on-the issue, should make his application at the time the contest is interposed; but we are not able to find, in the language of the Code, any warrant for construing his silence on such occasions into a waiver of this statutory right. — See Code, § 1634. We do not deny, that parties may expressly waive the right to a trial by jury; but we are unwilling to predicate such waiver on doubtful…
2Cases cited1 opinion
- Powell's Distributees v. Powell's LegateesSupreme Court of Alabama · 1857
3Cited by11 opinions
- United States v. Billy Ray LeeCourt of Appeals for the Sixth Circuit · 1976
- Burnham v. North Chicago St. Ry. Co.Court of Appeals for the Seventh Circuit · 1898
- Boonville National Bank v. BlakeyIndiana Supreme Court · 1906
- Cross v. StateSupreme Court of Alabama · 1885
- Price v. MarshallSupreme Court of Alabama · 1951
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