Taylor v. Kelly
Supreme Court of Alabama
Appeal from the Probate Court of Autauga. Is the matter of a paper propounded for probate as the last will and testament of Nancy Taylor, deceased, which was in these words: “State of Alabama, \ Know all men by these presents, Autauga county. / that I, Nancy Taylor, of the State and county aforesaid, do make and publish this my last will and testament.
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Appeal from the Probate Court of Autauga. Is the matter of a paper propounded for probate as the last will and testament of Nancy Taylor, deceased, which was in these words: “State of Alabama, \ Know all men by these presents, Autauga county. / that I, Nancy Taylor, of the State and county aforesaid, do make and publish this my last will and testament. First, I will bequeath all my slaves, viz., Amanda, a woman about twenty-seven years of age, and her three children, viz., Sarah, nine years of age, Mary, about three years of age, Lucinda, nineteen months of age, — the four named slaves worth…
1Opinion of the CourtWalker, J.
— 1. We pass by the question, whether the interest of Thomas C. Taylor was not released by some one 'or more of the several releases. He was one of the contestants, a party to the suit, and liable for costs; and, therefore, an incompetent witness, irrespective of his interest to defeat the establishment of the will. — Deslonde & James v. Harrington’s Heirs, 29 Ala. 92 ; Gilbert v. Gilbert, 22 Ala. 529; Code, § 1649.
2. The name of the contestant appears, from a statement in the bill of exceptions posterior to the rejection of the witness, to have been stricken out by the court on motion. There…
2Cases cited9 opinions
- Gilbert v. GilbertSupreme Court of Alabama · 1853
- Roberts v. TrawickSupreme Court of Alabama · 1848
- Deslonde & James v. Darrington's HeirsSupreme Court of Alabama · 1856
- Partridge v. ForsythSupreme Court of Alabama · 1856
- Dunlap v. RobinsonSupreme Court of Alabama · 1856
4 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Burney v. TorreySupreme Court of Alabama · 1893
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- Councill v. MayhewSupreme Court of Alabama · 1911
59 more not listed; retrieve them via the Exa API.