Johnston v. Heirs of Hainesworth
Supreme Court of Alabama
Error to the Chancery Court of Washington. The bill was filed by the defendants in error, to set aside a nuncupative, will. The complainants allege that they are the heirs of James T. Ha'nesworth, deceased.
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Error to the Chancery Court of Washington. The bill was filed by the defendants in error, to set aside a nuncupative, will. The complainants allege that they are the heirs of James T. Ha'nesworth, deceased. That Levin Haines-worth, father of James T., departed this life subsequent to their father, leaving a large estate; a daughter, Nancy Philips, who, with their father, were the children of the first marriage; and a widow and four children, the product of the second marriage, all minors. That the orphans’ court of Washington has admitted to probate a paper purporting to be the nuncupative…
1Opinion of the CourtOrmond, J.
This bill was filed previously to the decision of this court in Johnston v. Glascock and wife, [2 Ala. 218.]— *450Before the decision in that case, some uncertainty prevailed as to the necessary allegations in a bill contesting the validity of a will, which’the county court had admitted to probate. In that case, it was held that it was sufficient for the heir at law, or next of kin, to allege the title by which the right to investigate the probate was derived, and the prayer for relief. The bill in this case, though not very technically drawn, contains substantially these requisites, and is…
2Cases cited5 opinions
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Batre v. Auze's heirsSupreme Court of Alabama · 1843
- Walker v. HallettSupreme Court of Alabama · 1840
- Johnston v. GlasscockSupreme Court of Alabama · 1841
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
3Cited by13 opinions
- Lyons v. CampbellSupreme Court of Alabama · 1889
- Good v. NorleySupreme Court of Iowa · 1869
- Alabama, Tenn. & Northern Ry. Co. v. Aliceville Lumber Co.Supreme Court of Alabama · 1916
- Barksdale v. DavisSupreme Court of Alabama · 1896
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
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