Barker v. Bell
Supreme Court of Alabama
Appeal from the Probate Court of Cleburne. In the matter of tbe probate of the last will and testament of William M. Bell, deceased, wbicb was propounded for probate by James H. Bell, Middleton R. Bell, John H. Bell, and Gaston Bell, who were sons of said decedent, and contested by John P. Barker and Jeremiah Smith and their respective wives, who were daughters of said decedent.
Read the full summary
Appeal from the Probate Court of Cleburne. In the matter of tbe probate of the last will and testament of William M. Bell, deceased, wbicb was propounded for probate by James H. Bell, Middleton R. Bell, John H. Bell, and Gaston Bell, who were sons of said decedent, and contested by John P. Barker and Jeremiah Smith and their respective wives, who were daughters of said decedent. The grounds on which the probate of said will was contested are thus stated in the record: “ 1. That said paper propounded is not the last will and testament of said decedent. 2. That if said decedent ever signed the…
1Opinion of the CourtB. F. Saffold, J.
— In a contest about the validity of a will, there is no error if the court requires the list of jurors summoned for the trial to be exhausted before resorting to tales-men. When two talesmen are summoned, from whom to supply the place of a rejected juror, both should be drawn before summoning others. A party is not entitled to talesmen until he has passed on each of the jury presented to him for challenge. He has no right to challenge one, then have two tales-men summoned, see how he likes them, challenge another, and repeat the proceeding. This is pure speculation, not even allowed to the…
2Cases cited1 opinion
- Barker v. BellSupreme Court of Alabama · 1871
3Cited by10 opinions
- Miller v. WhittingtonSupreme Court of Alabama · 1918
- Schieffelin v. SchieffelinSupreme Court of Alabama · 1899
- Whitsett v. BelueSupreme Court of Alabama · 1911
- Allen v. StateSupreme Court of Alabama · 1901
- Mindler v. CrockerSupreme Court of Alabama · 1944
5 more not listed; retrieve them via the Exa API.