Ellis v. Crawson
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before the Hon. A. H. Benners. This was a bill filed by Florence Crawson by her next friend against Bessie Ellis et al. seeking to have declared null and void and set aside a paper writing purporting to he the last will and testament of Martha Laws, and also seeking to have declared null and void all the proceedings in the probate court admitting said alleged paper writing to probate as the last will of said Martha Laws; also…
Read the full summary
Appeal from Jefferson Chancery Court. Heard before the Hon. A. H. Benners. This was a bill filed by Florence Crawson by her next friend against Bessie Ellis et al. seeking to have declared null and void and set aside a paper writing purporting to he the last will and testament of Martha Laws, and also seeking to have declared null and void all the proceedings in the probate court admitting said alleged paper writing to probate as the last will of said Martha Laws; also seeking to have declared the rights of complainant in the property mentioned therein, to-wit, a one-third interest; also…
1Opinion of the CourtDowdell, J.
The primary purpose of the hill is the contest of the will of Martha Laws, deceased, which had already been admitted to probate in the probate court of Jefferson county. The complainant was a minor at the time of the filing of the bill, and she files her bill by next friend. Under the averments of the bill, the right to come into the court of chancery for the purpose of contesting the alleged will, is given her by the statute. • — Code 1896, §■§ 4298 and 4299. The fact that some of the heirs at law of the deceased are barred under the statute by lapse of time from proceeding in chancery to…
2Cases cited3 opinions
- Chamberlain & Parker v. DorranceSupreme Court of Alabama · 1881
- Morgan v. MorganSupreme Court of Alabama · 1880
- Bell v. Southern Home Building & Loan Ass'nSupreme Court of Alabama · 1903
3Cited by7 opinions
- Badham v. JohnstonSupreme Court of Alabama · 1940
- Pratt v. CarnsSupreme Court of Florida · 1920
- Hays v. BowdoinSupreme Court of Alabama · 1909
- Borton v. BortonSupreme Court of Alabama · 1932
- Morrison v. MorrisonCourt of Civil Appeals of Alabama · 1971
2 more not listed; retrieve them via the Exa API.