Thompson v. Johnson
Supreme Court of Alabama
Error to the Probate Gourt of Sumter. The Probate Court of Sumter, on the application of Johnson, admitted to probate as the last will and testament of James Thompson, deceased, an instrument in Avriting which is sufficiently described in the opinion of the court.
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Error to the Probate Gourt of Sumter. The Probate Court of Sumter, on the application of Johnson, admitted to probate as the last will and testament of James Thompson, deceased, an instrument in Avriting which is sufficiently described in the opinion of the court. The plaintiffs in error, as two of the heirs at law of said Thompson, contested the probate of the instrument in the court below, and bring the case to this court by writ of error to reverse the decree of the Probate Court. A bill of exceptions was taken on the trial of the case, which it is unnecessary to notice. The counsel for…
1Opinion of the CourtParsons, J.
The bill of exceptions was prepared probably in haste. It is so defective that I think we cannot act on it *61for any purpose, but in the view we take of the case it is not necessary to do so.
One of the assignments of error is this, that the Probate Court, erred in admitting the instrument to probate as the last will and testament of James Thompson. Now, if the instrument on its face shows conclusively that it was a deed and not a will, then this assignment of error must be sustained. When instruments of the kind can have no effect as deeds, but may operate as wills, it is the strong inclination…
2Cited by8 opinions
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- State v. LewisWashington Supreme Court · 1904
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