McBeth v. McBeth
Supreme Court of Alabama
Error to the Orphans’ Court of Pike. The plaintiffs in error petitioned the orphans’ court, to admit to probate, a paper which they alledged to be the last will and testament of Walter McBeth. That he being of sound mind, and disposing memory, executed his last will, which was duly attested by the witnesses whose names are signed thereto, but the same has been lost or mislaid, so that they are unable to produce the original will for probate.
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Error to the Orphans’ Court of Pike. The plaintiffs in error petitioned the orphans’ court, to admit to probate, a paper which they alledged to be the last will and testament of Walter McBeth. That he being of sound mind, and disposing memory, executed his last will, which was duly attested by the witnesses whose names are signed thereto, but the same has been lost or mislaid, so that they are unable to produce the original will for probate. Annexed is a copy of the alledged will, purporting to be signed by Walter McBeth, and attested by Malcolm Blue, John Blue, and John C. McBeth. Upon the…
1Opinion of the CourtOrmond, J.
In Apperson v. Cottrell, 3 Porter, 51, the power of the orphans’ court, to establish a will which had been destroyed by the testator, in a fit of insanity, was fully recognized. Nor indeed can any doubt be entertained, that the power of that court is fully adequate to establish a will, which has been lost or destroyed, when the will was in force unrevoked by the testator at his death, and that in such a case parol evidence may be given of its contents, and an authentic memorial made thereof in the orphans’ court, or the truth of a copy offered as a substitute for the original established. In…
2Cases cited1 opinion
- Apperson v. CottrellSupreme Court of Alabama · 1836
3Cited by16 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- McDonald v. McDonaldIndiana Supreme Court · 1895
- Jaques v. HortonSupreme Court of Alabama · 1884
- Fuentes v. GainesSupreme Court of Louisiana · 1873
- Weeks v. McBethSupreme Court of Alabama · 1848
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