McAlester v. Monteverde

This record presents a contest of the will of E. W. McAlester, deceased, the principal ground of the attack being that the testator was mentally incapacitated at the time the will was executed. There was a jury verdict in favor of the proponent of the will, and from a judgment thereon the contestant appealed in error.

The first question presented is one of practice arising out of the following state of facts:

The terms of the circuit court of Shelby county are .fixed by Code, section 159, to begin on the third Mondays in January, March, May, September, and November of each year. This contest…