Conoly v. Gayle
Supreme Court of Alabama
Appeal from Probate Court of Mobile. Tried before Hon. PRICE WILLIAMS, Jr. This was an application by Anna M. Gayle, to establish as the last will and testament of her mother, Mrs. Mary L. Gayle, what purported to be a substantial copy of a will left by her, which had been lost while in the possession of proponent.
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Appeal from Probate Court of Mobile. Tried before Hon. PRICE WILLIAMS, Jr. This was an application by Anna M. Gayle, to establish as the last will and testament of her mother, Mrs. Mary L. Gayle, what purported to be a substantial copy of a will left by her, which had been lost while in the possession of proponent. The appellant, John F. Conoly, having shown that he had become the owner, by purchase at a sale in bankruptcy, of the life-estate of Beese D. Gayle, the husband of said Mary L. Gayle, in certain lands belonging to her, was permitted to contest the probate of the alleged will. The…
1Opinion of the CourtManning, J.
1. Though very inartificially written, the instrument proved can have effect and operation as a will, if (as the jury have found) Mrs. Gayle executed it and procured the subscribing witnesses to attest it, as her will. It is not vitiated by the irrelevant recitals in it.
2. The law of this State requires no more than two subscribing witnesses to a will, of either real or personal property, and this instrument having been attested by two persons who had no interest in Mrs. Gayle’s estate, either as heir, distributee, legatee, devisee or otherwise, the fact that a third person who did stand in…
2Cases cited1 opinion
- O'Neal v. ReynoldsSupreme Court of Alabama · 1868
3Cited by10 opinions
- McDonald v. McDonaldIndiana Supreme Court · 1895
- Jones v. BrooksSupreme Court of Alabama · 1913
- Vaughn v. VaughnSupreme Court of Alabama · 1928
- Atherton v. GaslinCourt of Appeals of Kentucky · 1922
- Charles v. CharlesSupreme Court of Missouri · 1926
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