Kirby v. Kirby's Adm'r
Supreme Court of Alabama
Appeal from the Probate Court of Madison. In the matter of the estate of William Kirby, deceased, on the application of John Kirby and others, claiming to be the heirs-at-law of said decedent, for the revocation of the probate of his nuncupative will.
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Appeal from the Probate Court of Madison. In the matter of the estate of William Kirby, deceased, on the application of John Kirby and others, claiming to be the heirs-at-law of said decedent, for the revocation of the probate of his nuncupative will. The decedent died on the 30th December, 1846. The decree of said probate court, in the matter of the probate of his will, was rendered on the 26th April, 1847, and was in these words: “The nuncupative will of William Kirby, deceased, having been duly proved by the oaths of J. B. Coons, Albert P. Boone, and Joel W. Watkins, the subscribing…
1Opinion of the CourtBybd, J.
The mo dp or form of making probate of nuncupative wills is prescribed by statute, and is the only one authorized in our jurisprudence. The effect of our statutes is to require them to be proved in form of law; and therefore proof in common form, as made in the spiritual courts of England, is not allowable in this State, (if it ever were in England,) in the probate of such wills.
2. Under a practice established in this State, by a series of decisions, which, from their long standing, should not now be questioned, it is settled, that any distributee of the estate of a testator, entitled to…
2Cases cited8 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Johnston v. GlasscockSupreme Court of Alabama · 1841
- Roy v. SegristSupreme Court of Alabama · 1851
- Heirs of Hill v. Hill's ex'rsSupreme Court of Alabama · 1844
- Jemison v. SmithSupreme Court of Alabama · 1861
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