Johnson v. Barnett

LIVINGSTON, Justice.

Jim Smith, a resident of Jefferson County, Alabama, died March 19, 1940. On March 21, 1940, an alleged will of Jim Smith was propounded for probate in the Probate Court of Jefferson County by appellants, Ed Johnson and Roosevelt Harrison, who were named as executors in the will to serve as such without bond.

The petition for probate alleged that one Robert Smith was the son and sole heir at law of the decedent, Jim Smith. Robert Smith signed a waiver of notice of the application to probate the will and consented that the same be probated at once. Thereupon the will was duly…