Barksdale v. Davis
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in Equity. Heard before the lion. John G. Winter. The bill in this cause was filed under section 2000 of the Code of 1886, by Emma Davis and others, heirs of B. L. Barksdale, deceased, against the executor, E. P. Morris-sett and Amanda Barksdale, Martha Barksdale and Mose Barksdale, legatees under the will, to have declared the probated will of B. L. Barksdale invalid, and to set aside the probate thereof.
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Appeal from the City Court of Montgomery, in Equity. Heard before the lion. John G. Winter. The bill in this cause was filed under section 2000 of the Code of 1886, by Emma Davis and others, heirs of B. L. Barksdale, deceased, against the executor, E. P. Morris-sett and Amanda Barksdale, Martha Barksdale and Mose Barksdale, legatees under the will, to have declared the probated will of B. L. Barksdale invalid, and to set aside the probate thereof. The original bill was filed March 28th, 1896. The bill, after setting out the names, ages and residences of all the heirs-at-law, alleges that…
1Opinion of the Court
HEAD, J. —
The bill sets up several distinct grounds upon which it is proposed to contest the probate of the will of B. L. Barksdale. The sufficiency of the second ground (marked B) is not challenged by the demurrer, and, indeed, could not be. The demurrer goes to the whole bill, and if sustained, would have the effect of putting out of court (unless amended) a bill which confessedly shows a good and sufficient cause for setting aside the probate. The court could not do otherwise than overrule it. If it was desired to test the sufficiency of the other grounds set up, the demurrer should have…
2Cases cited2 opinions
- Johnston v. GlasscockSupreme Court of Alabama · 1841
- Johnston v. Heirs of HainesworthSupreme Court of Alabama · 1844
3Cited by26 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Wear v. WearSupreme Court of Alabama · 1916
- Moore v. HeinekeSupreme Court of Alabama · 1898
- Dulaney v. BurnsSupreme Court of Alabama · 1928
- Massey v. ReynoldsSupreme Court of Alabama · 1925
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