O'Neal v. Reynolds
Supreme Court of Alabama
Appeal from the Probate Court of Montgomery. In tbe matter of the probate of the will of William MeMillen, deceased, Thomas B. O’Neal, proponent, and Mary Reynolds and her husband, James M. Reynolds, contestants.
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Appeal from the Probate Court of Montgomery. In tbe matter of the probate of the will of William MeMillen, deceased, Thomas B. O’Neal, proponent, and Mary Reynolds and her husband, James M. Reynolds, contestants. On the 28th day of June, 1867, said O’Neal appeared before the probate court of Montgomery, and produced a paper purporting to be the last will and testament of said William MoMillen, deceased, late of said county, and moved the court to admit the said will to probate, and to issue letters testamentary, on the estate of said deceased, to him as executor. An order was duly made…
1Opinion of the CourtA. J. Walker, C. J.
Section 2704, (2302, a,) Revised Code, effects an abolition of incompetency to testify, because the proposed witness is a party or interested, subject to an exception. That exception is, that where an executor or administrator is a party, neither party shall testify against the other as to any transaction with, or statement by, the testator or intestate, unless called to testify thereto by the opposite party. The exception only includes parties. The only parties to this proceeding are the proponent and contestants. The widow was therefore not within the exception, and was a competent witness.…
2Cases cited1 opinion
- Leslie v. SimsSupreme Court of Alabama · 1863
3Cited by10 opinions
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Kumpe v. CoonsSupreme Court of Alabama · 1879
- Alabama Gold Life Insurance v. SledgeSupreme Court of Alabama · 1878
- Blount v. BlountSupreme Court of Alabama · 1909
- Conoly v. GayleSupreme Court of Alabama · 1878
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