Armstrong's Ex'r v. Armstrong's Heirs
Supreme Court of Alabama
Appeal froth the Court of Probate of Lawrence. IN the matter of the last will and testament of James Armstrong, deceased, which was propounded for probate by his widow, Lucy Armstrong, and was in these words : “ In the name of God, amen. I, James Armstrong, being weak in body, but sound in mind, make this my last will and testament, viz : I give and bequeath to my wife Lucy all my property, both real and personal; and it is my wish that she shall live with my mother.
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Appeal froth the Court of Probate of Lawrence. IN the matter of the last will and testament of James Armstrong, deceased, which was propounded for probate by his widow, Lucy Armstrong, and was in these words : “ In the name of God, amen. I, James Armstrong, being weak in body, but sound in mind, make this my last will and testament, viz : I give and bequeath to my wife Lucy all my property, both real and personal; and it is my wish that she shall live with my mother. I take it for granted she will take care of the children. “We sign this, at his request, in his presence, this the 11th day of…
1Opinion of the CourtRice, C. J.
By our statute law, every person over the age of eighteen years, of sound mind, may by his last will dispose of all of his personal • property ; and every person of the age of twenty-one years, of sound mind, may by his last will devise his lands, or any descendible interest he may have therein. — Code, §§ 1589, 1595.
Except in certain cases, of which the present is not one, the formalities requisite to a will, under section 1611 of the Code, are, 1st, that it be in writing ; 2d, that it be signed by the testator, “ or by some person in his presence, and by his direction ; Bd, that it be…
2Cases cited1 opinion
- Shaw v. WhiteSupreme Court of Alabama · 1856
3Cited by24 opinions
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Reynolds v. MasseySupreme Court of Alabama · 1929
- Riley v. RileySupreme Court of Alabama · 1860
- Meads v. EarleMassachusetts Supreme Judicial Court · 1910
- Mobile Light & Railroad Co. v. PortissSupreme Court of Alabama · 1915
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