Locke v. Noland
Supreme Court of Alabama
Error to the Orphans’ Court of Pickens. The defendants in error produced a paper, which they al-ledge to be the last will of Philip Noland, which they petitioned the court to admit to probate. This was contested by the plaintiff in error, and an issue being made, and submitted to a jury, they found in favor of the petitioners, and thereupon the will was admitted to probate.
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Error to the Orphans’ Court of Pickens. The defendants in error produced a paper, which they al-ledge to be the last will of Philip Noland, which they petitioned the court to admit to probate. This was contested by the plaintiff in error, and an issue being made, and submitted to a jury, they found in favor of the petitioners, and thereupon the will was admitted to probate. Pending the trial before the jury, the contestants offered in evidence, the deposition of Mary Harben, a married daughter of the testator, and one of the legatees in the will, who previous to being sworn, together with her…
1Opinion of the CourtOrmond, J.
This is an attempt on the part of the witnesses, to establish by their own testimony, a right transferred by them, to their own children, to a distributive share of their grand-father’s estate, which right is derived from them; the release, as it is called, being nothing less than a transfer of all the interest of Mrs. Harben in her father’s estate. This is the precise point decided in Powell v. Powell, 7 Ala. 584, and is also within the influence of other decisions of this court, which hold that it is contrary to public policy, to permit a witness to establish by his own testimony, a claim…
2Cases cited2 opinions
- Goodwin ex rel. Hale v. HarrisonSupreme Court of Alabama · 1844
- Houston v. PrewittSupreme Court of Alabama · 1846
3Cited by1 opinion
- Scales v. Desha, Sheppard & Co.Supreme Court of Alabama · 1849