Blakey's Heirs v. Blakey's
Supreme Court of Alabama
Appeal from the Probate Court of Bibb. In the matter of the last will and testament of Joseph A. Blakey, deceased, which was propounded for probate by the testator’s widow, and contested by his six children by a former marriage.
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Appeal from the Probate Court of Bibb. In the matter of the last will and testament of Joseph A. Blakey, deceased, which was propounded for probate by the testator’s widow, and contested by his six children by a former marriage. Tké will contained legacies in favor of each of the contestants, consisting of several slaves and several hundred dollars, described as having been already .delivered to them; and bequeathed the residue of tbe testator’s estate, both real and personal, to his wife for life, with remainder to her two children by him. Tbe executors named in the will were, Henly Snead…
1Opinion of the Court
B. W. WALKEB, J.—
1. When a will is propounded for probate, the proceeding is in rem. The object of the statute which requires that notice of the application shall be given to the widow and next of kin of the testator, is that such persons may, if they choose, make themselves parties to the proceeding. When notified, they have the option to stand by passively, or take an active part on either side. But they cannot be considered parties to the suit, unless they come forward, and, by some affirmative act, engage in the litigation. Hence, when an issue is formed in the probate court, between the…
2Cases cited19 opinions
- Taylor v. KellySupreme Court of Alabama · 1857
- Nelson v. IversonSupreme Court of Alabama · 1853
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Gilbert v. GilbertSupreme Court of Alabama · 1853
- Roberts v. TrawickSupreme Court of Alabama · 1848
14 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Ewing v. United StatesCourt of Appeals for the D.C. Circuit · 1942
- Lewis v. MartinSupreme Court of Alabama · 1923
- Noble v. StateSupreme Court of Alabama · 1950
- Evans v. EvansSupreme Court of Alabama · 1917
61 more not listed; retrieve them via the Exa API.