Roy v. Segrist
Supreme Court of Alabama
ERROR to the-Court of Probate of Macon.. Ja'Oob Roy,.an .infant, by his next friend,, petitioned the Court of Probate ■to set aside the probate of the last will and testament of his grand father,'Jacob Segrist, deceased, alleging that he was one 'of .the testators heirs at law, and that notice had not-been given ,to'him of the application to admit the-.will to probate. The axecutors appeared and opposed the pc--.tition.
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ERROR to the-Court of Probate of Macon.. Ja'Oob Roy,.an .infant, by his next friend,, petitioned the Court of Probate ■to set aside the probate of the last will and testament of his grand father,'Jacob Segrist, deceased, alleging that he was one 'of .the testators heirs at law, and that notice had not-been given ,to'him of the application to admit the-.will to probate. The axecutors appeared and opposed the pc--.tition. The court ¡refused to set aside the probate, but,, allowed, the petitioner to be made a party to the proceedings jmeviously had, and he now sues out,a vyjrjt of error. 1. We…
1Opinion of the CourtChilton, J.
We entertain no doubt upon the point made by the counsel for the plaintiff in error, that it was the duty of the Judge of Probate, if the will was admitted to be proved in the absence of notice to the next of kin, to set aside such probate upon the application of any one of such kin^ provided the law requires them to be notified.—Hill v. Hill, 6 Ala. 166-8-9; Shields v. Alston, 4 ib. 248; 5 Sme. & M. 82. Such is the constant practice of the Ecclesiastical Courts of England. It is also settled, that the next of kin, if entitled to notice, may come by his petition into the Probate Court,…
2Cases cited1 opinion
- Heirs of Hill v. Hill's ex'rsSupreme Court of Alabama · 1844
3Cited by16 opinions
- Johnson v. Johnson's Adm'rSupreme Court of Alabama · 1866
- Walker v. JonesSupreme Court of Alabama · 1853
- Caverno v. WebbSupreme Court of Alabama · 1940
- Hall's Heirs v. HallSupreme Court of Alabama · 1872
- McNamara v. CasserlySupreme Court of Minnesota · 1895
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