Stuck v. Howard

This case was submitted under Supreme Court rule 46, and the opinion of the court was prepared by Mr. Justice MILLER:

This is a contest of an application to probate an instrument as the last will and testament of R. N. Ervin, who died on March 27, 1924, an inhabitant of Hale county, Ala. He had about reached in age the three score years and ten. Pearl Howard, his cousin, named as executrix and as a devisee in the instrument, makes this application to have it probated. Elizabeth Stuck and others, next of kin of decedent, instituted this ,contest. The grounds of contest were: The proposed…