Barker v. Bell
Supreme Court of Alabama
Appeal from Probate Court of Cleburne. Tried before Hon. W. E. Hunnicutt. The facts are set out in the opinion. A will once revoked, in this State, can not be republished by parol.— Witter v. Mott, 2 Conn. 67; 1 Bedfield, 374, § 14; Love v. Johnson, 12 Iredell, 355; 9 ib. 280; Jackson v. Holloway, 7 Johns. 394; Jackson v. Potter, 9 Johns. 312; 4 Desaussure, 305; 3 ib. 346 ; 1 Williams on Ex’rs, side P-103. The English statute of frauds is a part of the American common law.
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Appeal from Probate Court of Cleburne. Tried before Hon. W. E. Hunnicutt. The facts are set out in the opinion. A will once revoked, in this State, can not be republished by parol.— Witter v. Mott, 2 Conn. 67; 1 Bedfield, 374, § 14; Love v. Johnson, 12 Iredell, 355; 9 ib. 280; Jackson v. Holloway, 7 Johns. 394; Jackson v. Potter, 9 Johns. 312; 4 Desaussure, 305; 3 ib. 346 ; 1 Williams on Ex’rs, side P-103. The English statute of frauds is a part of the American common law. When section 1933 was enacted by the legislature, it was with reference to what was then the law of _the land. Therefore,…
1Opinion of the CourtPetees, J.
This is a proceeding on the contest of a will before its probate, under our statute. There was a jury trial in the court below, and a verdict in favor of the will offered for probate, and a judgment of ■ the court allowing the probate of the instrument offered, according to the verdict.
The evidence tends to show that there were two wills made by the decedent, Wm. M. Bell. The one was made *220in January, 1868, and the other in May or June, 1868. This latter will was not produced on the trial, and there was no written evidence to show that it had been revoked or canceled. The testamentary paper of…
2Cases cited5 opinions
- Jackson ex dem. Howard v. HollowayNew York Supreme Court · 1811
- Riley v. RileySupreme Court of Alabama · 1860
- James v. MarvinSupreme Court of Connecticut · 1821
- Powell's Distributees v. Powell's LegateesSupreme Court of Alabama · 1857
- Jackson ex dem. Rogers v. PotterNew York Supreme Court · 1812
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- Kern v. KernIndiana Supreme Court · 1900
- Blacksher Co. v. NorthrupSupreme Court of Alabama · 1911
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