Riley v. Riley
Supreme Court of Alabama
Appeal from the Probate Court of Monroe. In the matter of the last will and testament of William M. Riley, deceased, which was propounded for probate by Mrs. Arm Riley, the decedent’s widow, and which, as copied in the bill of exceptions, was in the following words: “¥m. M. Riley’s will, Sept. 11, 1859. I want T. A. Nettles to have the two black mules, Jim and Dick, .and two hundred acres of the best land that I have got.
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Appeal from the Probate Court of Monroe. In the matter of the last will and testament of William M. Riley, deceased, which was propounded for probate by Mrs. Arm Riley, the decedent’s widow, and which, as copied in the bill of exceptions, was in the following words: “¥m. M. Riley’s will, Sept. 11, 1859. I want T. A. Nettles to have the two black mules, Jim and Dick, .and two hundred acres of the best land that I have got. And I want Martha 0. Nettles to have the boy Lewis, and the filie Jane. And I want my wife, Ann Riley, to have all the balance of my property, both personal and real.…
1Opinion of the CourtR. W. Walker, J.
1. The decree in this case must be reversed. It was for the court to determine what facts were necessary to establish the signing and attestation of the will, within the meaning of the Code. , But the effect of the charge given was to refer the decision of this legal question to the jury. — Thomason v. Odum, 31 Ala. 108 ; Wright v. Bolling, 27 Ala. 259.
As, however, the main questions presented by the record will doubtless arise on another trial in the probate *500court, we deem it proper to express our views, in regard to them at this time. .
[2.] In order to constitute a valid signing of a will…
2Cases cited3 opinions
- Thomason v. OdumSupreme Court of Alabama · 1857
- Armstrong's Ex'r v. Armstrong's HeirsSupreme Court of Alabama · 1857
- Wright v. BollingSupreme Court of Alabama · 1855
3Cited by22 opinions
- O'Donnell v. RodigerSupreme Court of Alabama · 1884
- O'Neal v. RobinsonSupreme Court of Alabama · 1871
- Currier v. ClarkSupreme Court of Iowa · 1910
- Goldsmith v. GatesSupreme Court of Alabama · 1921
- Stuck v. HowardSupreme Court of Alabama · 1925
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