Merrill's Heirs v. Morrissett
Supreme Court of Alabama
Appeal from the Probate Court of Montgomery. ■ Tried before the ITon. F. C. Randolph. In the matter of the probate of a paper which was propounded as the last will and testament of Mrs. Sarah B. Merrill, deceased, who died in Columbus, Georgia, on the 13th February, 1884. The application for the probate was made on the 25th February, 1884, by E. P. Morrissett, who was therein named as sole executor; and it was contested by the three children and heirs at law of the decedent…
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Appeal from the Probate Court of Montgomery. ■ Tried before the ITon. F. C. Randolph. In the matter of the probate of a paper which was propounded as the last will and testament of Mrs. Sarah B. Merrill, deceased, who died in Columbus, Georgia, on the 13th February, 1884. The application for the probate was made on the 25th February, 1884, by E. P. Morrissett, who was therein named as sole executor; and it was contested by the three children and heirs at law of the decedent — •namely, Mrs. Juliette P. Moore, Mrs. Lizzie M. Bell, and Mrs. Mary Jones; the former residing, with her husband, in…
1Opinion of the CourtSomeifvtlle, J.
— It is manifest, and must be admitted, that no objection can be successfully urged to the probate of the will of the decedent, Mrs. Sarah B. Merrill, if she was an “inhabitant” of the county of Montgomery at the time of her death, within the meaning of section 2304 of the present Code. This was a question of fact, which the Probate Court found specifically by its judgment to be affirmatively true, and we are called upon to review the correctness of this finding.
The cause having been tried and decided by the court below on testimony reduced to writing, the finding is presumed to be correct,…
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