Woodroof v. Hundley
Supreme Court of Alabama
Appeal from the Probate Court of Limestone. Heard.- before the Hon. James E. Horton. The appellee in this case, John Hundley, filed his application in the probate court of Limestone county asking that the paper presented for probate with said petition be probated as the last will and testament of Miss Mary Ann Walton, averring that he was named in said will as executor.
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Appeal from the Probate Court of Limestone. Heard.- before the Hon. James E. Horton. The appellee in this case, John Hundley, filed his application in the probate court of Limestone county asking that the paper presented for probate with said petition be probated as the last will and testament of Miss Mary Ann Walton, averring that he was named in said will as executor. The appellant, James W. Wood-roof, one of the next of kin of said Mary Ann Walton, filed his contest for the probate of said will and assigned the following grounds therefor: “1. That the instrument in writing propounded by…
1Opinion of the CourtTyson, J.
There was hut oue issue of fact for the determination of the jury, on the trial of the case, notwithstanding there were numerous grounds of contest interposed. That issue was, whether the evidence offered by the proponent was sufficient to authorize the jury to find that the will was duly executed. Confessedly if the will was properly admitted in evidence, the jury had the right to so find. So then, preliminary to the introduction of the will in evidence, it was incumbent upon the proponent to show prima facie its due execution. This lie did, when he made proof of the death of the1 testatrix,…
2Cases cited2 opinions
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Woodruff v. HundleySupreme Court of Alabama · 1900
3Cited by9 opinions
- Reynolds v. MasseySupreme Court of Alabama · 1929
- Massey v. ReynoldsSupreme Court of Alabama · 1925
- Stuck v. HowardSupreme Court of Alabama · 1925
- Gilliland v. DobbsSupreme Court of Alabama · 1937
- Montague v. StreetNorth Dakota Supreme Court · 1930
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