Hall's Heirs v. Hall's Executors
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard -before the Hon. John Fospeií. -. The bill in this case was filed on the 23d October, 1858, by some of the heirs-at-’law'and next of kin of Adam Hall,’. deceased, for the purpose of setting aside the probate of his last will and testament, which had been duly admitted to probate on the 29th June, 1858, and of .which William Echols and Joshua Beadle had qualified as the executors.
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Appeal from the Chancery Court of Madison. Heard -before the Hon. John Fospeií. -. The bill in this case was filed on the 23d October, 1858, by some of the heirs-at-’law'and next of kin of Adam Hall,’. deceased, for the purpose of setting aside the probate of his last will and testament, which had been duly admitted to probate on the 29th June, 1858, and of .which William Echols and Joshua Beadle had qualified as the executors. On final hearing, on pleadings and proof, the . chancellor dismissed the bill; and his decree is now assigned as error, together with other matters which require no…
1Opinion of the CourtR. W. Walker, J.
By the will in cohtroversy, ¡a legacy of .two hundred dollars was given -to ;the witness Browne. After the will had been admitted to probate in •the probate court, but before the bill in "this case was filed, the executors voluntarily paid Browne hisdegacy, and took from him a receipt iniull therefor. >In this state of the case, '•Browne’s deposition was taken by the defendants ; the complainants in filing their cross-interrogatories objecting to-the competency of the witness, “.on..the ground that he was interested in the result of the suit, and that the'verdict ancl judgment would be…
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