Elmore v. Stevens
Supreme Court of Alabama
Appeal from Montgomery Probate Court. Heard before Hon. J. B. Gaston. Rose Tolliver Stevens propounded for probate the will •of Hannah Chambless, which was contested by Belle P. Elmore. From a judgment sustaining a demurrer to contestant’s allegation of contest, contestant appeals. Having purchased in good faith from the only heir of the-testatrix Mrs. Elmore had the right of contest under section 6196, Code 1907. — Raney r.
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Appeal from Montgomery Probate Court. Heard before Hon. J. B. Gaston. Rose Tolliver Stevens propounded for probate the will •of Hannah Chambless, which was contested by Belle P. Elmore. From a judgment sustaining a demurrer to contestant’s allegation of contest, contestant appeals. Having purchased in good faith from the only heir of the-testatrix Mrs. Elmore had the right of contest under section 6196, Code 1907. — Raney r. Ridgtray. 148 Ala. 524. The contestant does not fall within any class mentioned in section 6196, Code 1907, and hence, was not entitled to contest.— M(-'Catcheon e.…
1Opinion of the CourtSayee, J.
This case comes here on appeal from a judgment of the probate court sustaining a demurrer to appellant’s application to contest the probate of an alleged will which had been propounded for probate as the last will and testament of I-Iannah Ohambless, deceased. Appellant sought to contest on the ground, among others, that the paper writing propounded as a will was a forgery. The facts going to show contestant’s interest are these: Hannah Ohambless died in 1891. Appellant in her j>etition to be admitted to contest avers that she purchased certain real estate from Edith Tolliver Richardson in…
Also in this document: Concurrence.
2Cases cited4 opinions
- McCutchen v. LogginsSupreme Court of Alabama · 1895
- Lockard v. StephensonSupreme Court of Alabama · 1898
- Rainey v. RidgwaySupreme Court of Alabama · 1906
- Montgomery v. FosterSupreme Court of Alabama · 1890
3Cited by10 opinions
- Allen v. PughSupreme Court of Alabama · 1921
- Braasch v. WorthingtonSupreme Court of Alabama · 1915
- Helfrich v. YockelCourt of Appeals of Maryland · 1923
- Hall v. ProctorSupreme Court of Alabama · 1942
- Stephens v. RichardsonSupreme Court of Alabama · 1914
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