Law v. Law
Supreme Court of Alabama
Appeal from tbe Circuit Court of Pike. Heard before tbe Hon. John P. Hubbard. In tbe matter of tbe probate of an. instrument wliicb was propounded for probate as tbe last will and testament of John A. Law, by Thomas W. Law, who was therein named as executor, and was contested by William H. Law, a son of tbe testator, whose name bad been erased as one of tbe lega-, tees. One of tbe grounds of contest was, that tbe will bad been revoked by tbe testator in bis life-time.
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Appeal from tbe Circuit Court of Pike. Heard before tbe Hon. John P. Hubbard. In tbe matter of tbe probate of an. instrument wliicb was propounded for probate as tbe last will and testament of John A. Law, by Thomas W. Law, who was therein named as executor, and was contested by William H. Law, a son of tbe testator, whose name bad been erased as one of tbe lega-, tees. One of tbe grounds of contest was, that tbe will bad been revoked by tbe testator in bis life-time. On tbe trial in tbe Probate Court, before a jury, tbe contestant offered to prove tbe declarations of tbe testator at tbe time…
1Opinion of the CourtSomerville, J.
The testator, in February, 1884, executed his will in writing, in due form of law, which was properly attested by two subscribing witnesses. He subsequently erased the name of one of the legatees, the appellee, W. H. Law, by drawing a pen through it, so as to expunge it from the instrument. Evidence was offered tending to show, that, both at the time of making this erasure, and afterwards, he declared his intention to revoke the entire will. This evidence was excluded by the Probate Court.
The charges raise the question, as to what effect this erasure or obliteration shall be permitted to have…
2Cases cited4 opinions
- Lovell v. . QuitmanNew York Court of Appeals · 1882
- Eschbach v. CollinsCourt of Appeals of Maryland · 1884
- Bigelow v. GillottMassachusetts Supreme Judicial Court · 1877
- Weeks v. McBethSupreme Court of Alabama · 1848
3Cited by18 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Allen v. ScruggsSupreme Court of Alabama · 1914
- Woodruff v. HundleySupreme Court of Alabama · 1900
- Hartz v. SobelSupreme Court of Georgia · 1911
- Ellison v. CommonwealthCourt of Appeals of Kentucky · 1921
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