Apperson v. Cottrell
Supreme Court of Alabama
QUESTIONS IN THIS CASE. As to the jurisdiction of the Orphans' Court on the subject of a destroyed mill, and the establishment thereof by proof As to the establishment of such a will, by a copy thereof As to the number of the attesting witnesses necessary to establish a will. In error from the Orphans’ Court of Autauga. This was a proceeding before the Orphans’ Court, instituted for the object of establishing the last will and testament of James L. Cottrell.
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QUESTIONS IN THIS CASE. As to the jurisdiction of the Orphans' Court on the subject of a destroyed mill, and the establishment thereof by proof As to the establishment of such a will, by a copy thereof As to the number of the attesting witnesses necessary to establish a will. In error from the Orphans’ Court of Autauga. This was a proceeding before the Orphans’ Court, instituted for the object of establishing the last will and testament of James L. Cottrell. A paper, purporting to be a copy of the will of said Cottrell, was submitted to that Court, for probate, on the affidavit of the…
1Opinion of the CourtSaffold, C. J.
The defendant in error made application to the Orphans’ Court, of the County of Autauga, to admit a certain instrument to probate, as the last will and testament of James Cottrell, deceased. His affidavit states, that the instrument annexed, is substantially a copy of a will, made by said James L. Cottrell; that he believes, the decedent made no other will; that he was, at the time of making it, of sound mind; that the will was duly attested : that the testator, after making his will, became dissipated, and his mind was thereby impaired, and destroyed; and, that, at a time when he was in a…
2Cited by10 opinions
- Jaques v. HortonSupreme Court of Alabama · 1884
- Dower v. SeedsWest Virginia Supreme Court · 1886
- McBeth v. McBethSupreme Court of Alabama · 1847
- Clemens v. PattersonSupreme Court of Alabama · 1863
- Lovell v. LovellSupreme Court of Alabama · 1960
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