Nashville Trust Co. v. Cleage

FOSTER, Justice.

Wills may be proved “when the testator, not being an inhabitant of the state, dies out of the county, leaving assets therein, in the probate court of the county in which su'ch assets, or any part thereof, are.” Section 35(3), Title 61, Code. “Upon the death of a testator * * * any person interested in the estate * * * may have the will proved before the proper probate court.” Section 33, Title 61, Code.

Here the testator was not an inhabitant of this State, and died out of the' State. A petition to probate his will was filed in Jefferson County, Alabama. The two questions…