Queen v. Harden

In Knox v. Paull, 95 Ala. 505, 11 So. 156 (1891), our Supreme Court, interpreting the predecessor of Ala.Code 1975, § 43-8-199, stated that that statute “provides ... a special mode of avoiding the effect of the judgment of the Probate Court admitting the instrument to probate” and that “it was the intention of the statute to afford the further opportunity of contesting the will in the Chancery Court ... to any person interested in the will, who either did not have, or did not avail himself of the opportunity to contest it in the Probate Court.” 95 Ala. at 508, 509, 11 So. at 157, 158…