Powell's Distributees v. Powell's Legatees
Supreme Court of Alabama
Appeal from the Probate Court of Greene. In the matter of the last will and testament of Milton Powell, deceased, which was propounded for probate by David H. Williams, as next friend of the infant legatees, and contested by the testator’s distributees and next of kin.
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Appeal from the Probate Court of Greene. In the matter of the last will and testament of Milton Powell, deceased, which was propounded for probate by David H. Williams, as next friend of the infant legatees, and contested by the testator’s distributees and next of kin. The contestants filed four pleas, which were, in substance, as follows: 1st, that said paper was never signed and published by the decedent, as and for his last will and testament; 2d, that said paper was not executed and published by said decedent in the presence of any witnesses, and no witness attested the execution of the…
1Opinion of the CourtStone, J.
It has been settled in this court, that in a contest as to the validity of a will, if the primary court improperly sustain a demurrer to one of the contestant’s pleas, this will afford no ground for the reversal of the case, if the contestant had the full benefit of the same facts under the issues presented by his other pleas. — Dunlap v. Robinson, 28 Ala. 100.
In this case, the contestant, as is shown by the record, had the full benefit on the trial of the facts he would have offered in evidence under the third and fourth pleas ; and, under the authority of the case of Dunlap v. Robinson,…
2Cases cited6 opinions
- Dunlap v. RobinsonSupreme Court of Alabama · 1856
- Hilliard v. Binford's HeirsSupreme Court of Alabama · 1847
- Hoffman v. HoffmanSupreme Court of Alabama · 1855
- Spivey v. McGeheeSupreme Court of Alabama · 1852
- Gilmer v. City Council of MontgomerySupreme Court of Alabama · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Sims v. MooreSupreme Court of Alabama · 1972
- Phillips v. PhillipsSupreme Court of Alabama · 1925
- Barker v. BellSupreme Court of Alabama · 1871
- Stedham's Heirs v. Stedham'sSupreme Court of Alabama · 1858
8 more not listed; retrieve them via the Exa API.