Merritt v. Blackwell
Supreme Court of Alabama
Appeal from Probate Court, Madison County; Thomas W. Jones, Judge. Petition by Lewis G. Blackwell for probate of the will of Sarah J. Brown, with contest by Howard B. Merritt. Erom a decree granting the probate, contestant appeals. The judgment was rendered on September 15, 1920. Security for cost 'of appeal was filed October 15, 1920. On May 10, 1921, notice of appeal was filed.
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Appeal from Probate Court, Madison County; Thomas W. Jones, Judge. Petition by Lewis G. Blackwell for probate of the will of Sarah J. Brown, with contest by Howard B. Merritt. Erom a decree granting the probate, contestant appeals. The judgment was rendered on September 15, 1920. Security for cost 'of appeal was filed October 15, 1920. On May 10, 1921, notice of appeal was filed. A bill of exceptions was presented and signed on December 10, 1920, and the case filed in the Supreme Court on May 14, 1921. Motion to dismiss filed May 16, 1921. Counsel discuss the case as submitted on its merits,…
1Opinion of the CourtThomas, J.
The appeal is by a contestant from a decree in the probate court probating a will. The grounds of contest were lack of testamentary capacity and undue influence on the part of proponent and wife. The submission was on motion and on merits. The grounds of the motion to dismiss the appeal are that the transcript was not filed with the clerk of the Supreme Court “within 60 days after the signing of the bill of exceptions” on December 10, 1920, and the transcript was filed on May 17, 1921. Acts 1919, p. 85; Butler Cotton Oil Co. v. Brooks, 204 Ala. 195, 85 South. 778.
In Jacobs v. Goodwater…
2Cases cited7 opinions
- Jacobs v. Goodwater Graphite Co.Supreme Court of Alabama · 1920
- Butler Cotton Oil Co. v. BrooksSupreme Court of Alabama · 1920
- Porter v. MartinSupreme Court of Alabama · 1903
- Hines v. McMillanAlabama Court of Appeals · 1919
- Morton v. StateSupreme Court of Alabama · 1921
2 more not listed; retrieve them via the Exa API.
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