Bailey's Heirs v. Bailey's
Supreme Court of Alabama
' Appeal from the Probate Court of Coffee, on change of venue from Covington. In the matter of the probate of the last will and testament of Shadrach Johnson Bailey, deceased, which was propounded for probate by Butler W. Bailey, the executor, and resisted by certain of the heirs and distributees, on the grounds of undue influence, mental incapacity, and insufficient execution.
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' Appeal from the Probate Court of Coffee, on change of venue from Covington. In the matter of the probate of the last will and testament of Shadrach Johnson Bailey, deceased, which was propounded for probate by Butler W. Bailey, the executor, and resisted by certain of the heirs and distributees, on the grounds of undue influence, mental incapacity, and insufficient execution. The rulings of the probate court on the trial are thus stated in the bill of exceptions : “The proponent introduced one John W. Smith as a witness, who testified as follows: ‘ Witness was acquainted with a man called…
1Opinion of the CourtR. W. Walker, J.
The only questions presented for our consideration, arise out of the action of the court “ in permitting the proponent to prove, by the wetnesses, that Shadrach J. Bailey made his mark to the name of *690John 8. Bailey; and in allowing the will to be read to the jury as evidence.”
According to our law, no will is effectual, except in certain specified cases, “ unless the same is in writing, signed by the testator, or some person in his presence, and by his direction, and attested by at least two witnesses, who must subscribe their names thereto in the presence of the testator.” — Code, § 1611.
The…
2Cases cited1 opinion
- Morris v. VarnerSupreme Court of Alabama · 1858
3Cited by13 opinions
- Barnewall v. MurrellSupreme Court of Alabama · 1895
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- Schieffelin v. SchieffelinSupreme Court of Alabama · 1899
- Massey v. ReynoldsSupreme Court of Alabama · 1925
- Bickley v. Keenan & Co.Supreme Court of Alabama · 1877
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