Russell v. Maxwell

This is an appeal from a summary judgment issued by the Bibb County Circuit Court denying probate of a will for failure to file the will for probate within the five-year limitation period of § 43-1-37, Code 1975. We affirm.

On October 26, 1956, James Oakley, Sr., as executor of the will of Lillie Oakley, took her will to the probate judge's office and the probate judge ordered his employees to file it. The will was recorded in the Will Book, but the original will was not retained by the probate office nor was anything further done toward probating the will.

On July 12, 1977, a petition for…