Seale v. Chambliss
Supreme Court of Alabama
Appeal from the Probate Court of Bibb. In the matter of the last will and testament of Mrs. Martha Miuk, -deceased, which was propounded for probate by James Seale, and contested by William H. Chambliss. The proponent was the executor and sole legatee under tbe will. The'validity of the will was contested on the grounds of mental incapacity, fraud, undue influence, and insufficiency of execution and attestation.
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Appeal from the Probate Court of Bibb. In the matter of the last will and testament of Mrs. Martha Miuk, -deceased, which was propounded for probate by James Seale, and contested by William H. Chambliss. The proponent was the executor and sole legatee under tbe will. The'validity of the will was contested on the grounds of mental incapacity, fraud, undue influence, and insufficiency of execution and attestation. The case originated in Shelby county, and was removed, on tbe contestant’s application, to Bibb, where the trial was had. The facts of the case will be sufficiently understood from…
1Opinion of the CourtR. W. Walker, J.
1. The motion to dismiss the appeal is completely answered by the language of the act authorizing changes of venue in contested will cases. The 4th section of that act provides, that if the judgment is rendered in the probate court to which the case has been removed, “ and no appeal is taken within thirty days *21thereafter, such judgment must be certified by the judge of such probate court, and the will returned to the probate court from which the trial was removed,” &c. The right to an'appeal from the judgment of the court in which the contest is tried is here expressly recognized, and a…
2Cases cited8 opinions
- Campbell v. StateSupreme Court of Alabama · 1853
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- Taylor v. KellySupreme Court of Alabama · 1857
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
- Gilbert v. GilbertSupreme Court of Alabama · 1853
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Schieffelin v. SchieffelinSupreme Court of Alabama · 1899
- In re Estate of TresidderWashington Supreme Court · 1912
- Henry v. HallSupreme Court of Alabama · 1894
- Ex parte NelsonSupreme Court of Alabama · 1878
- Birmingham Ry. & Electric Co. v. MasonSupreme Court of Alabama · 1905
13 more not listed; retrieve them via the Exa API.