Jackson v. Naylor

The appellants filed in the circuit court of Etowah County, in equity, their petition for a declaratory judgment on the legal effect of an instrument in writing which appellants contend is a warranty deed. The instrument involved appears in The Reporter’s Statement.

The respondents, who are the children of one of the petitioners, insist that the instrument is one of testamentary character, not properly witnessed so as to constitute a will, and is therefore null and void.

The trial court entered a decree adverse to appellants’ contention, declaring the instrument to be of testamentary…