Skeggs v. Horton
Supreme Court of Alabama
Appeal from the Probate Court of Morgan. Tried before the Hon. E. M. Russell. In the matter of the probate of the alleged last will and testament of Dr. Jacob Y. Cantwell, deceased, who died in said county of Morgan, on or about the 11th February, 1883. The petition was filed on the 18th July, 1883, by Mrs. R. D. Horton (her husband uniting with her), who was a niece of the decedent, and a devisee under the will; and Thomas J. Cantwell, who was a nephew of the decedent, and…
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Appeal from the Probate Court of Morgan. Tried before the Hon. E. M. Russell. In the matter of the probate of the alleged last will and testament of Dr. Jacob Y. Cantwell, deceased, who died in said county of Morgan, on or about the 11th February, 1883. The petition was filed on the 18th July, 1883, by Mrs. R. D. Horton (her husband uniting with her), who was a niece of the decedent, and a devisee under the will; and Thomas J. Cantwell, who was a nephew of the decedent, and who was named in the will as residuary devisee and executor, was afterwards joined as a proponent. The probate was…
1Opinion of the CourtStone, C. J.
— -This is the second .appeal in ■ this case, reported as Jaques v. Horton, 76 Ala. 238.
The present suit grows out of an attempt to establish and probate an alleged will of one Cantwell, which is charged to have been lost or destroyed. The entire testimony offered to show the contents of the will is oral, and consists of the viva voce examination of one of the subscribing witnesses ; the only witness who professes to have read - the will, or heard it read.' True, there was testimony of other witnesses tending to prove conversations and admissions made by decedent, which, to some extent,…
2Cases cited5 opinions
- Dan v. BrownNew York Supreme Court · 1825
- Jaques v. HortonSupreme Court of Alabama · 1884
- Dickey v. MalechiSupreme Court of Missouri · 1839
- In re WillSupreme Court of Connecticut · 1873
- Jackson v. JacksonSupreme Court of Missouri · 1835
3Cited by17 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Estate of PattersonCalifornia Supreme Court · 1909
- Goodale v. MurraySupreme Court of Iowa · 1940
- Allen v. ScruggsSupreme Court of Alabama · 1914
- Jones v. CaslerIndiana Supreme Court · 1894
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