Venable v. Venable
Supreme Court of Alabama
Contest of TV ill. Appeal from Montgomery Probate Court. Heard before Hon. J. B. Gaston. Proceedings to contest a will. From a decree holding the will invalid, and an order denying a motion for new trial, both prop on dent and contestant appeal.
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Contest of TV ill. Appeal from Montgomery Probate Court. Heard before Hon. J. B. Gaston. Proceedings to contest a will. From a decree holding the will invalid, and an order denying a motion for new trial, both prop on dent and contestant appeal. The following charges are those referred to in the opinion: (2) “If any individual jurors are not reasonably satisfied that W. K. Venable signed the instrument offered in evidence as his will, and that it was attested by Lewis, Childs, and Trentham in the presence of the said W. P. Venable, they cannot return a verdict for proponent.” (7) “If the jury…
1Opinion of the CourtSimpson, J.
— The appellant propounded a paper, purporting to be the will of TV. R. Venable, for probate. The appellee contested the same, and the matter was submitted to a jury according to law. The verdict of the jury was against the validity of the will, and decree was entered in accordance with the verdict. A motion for a new trial was overruled.
It is settled, according to the statute and practice in this state, that the action of the probate court, in overruling a motion for a new trial, is not revisable in this court. — Code 3907, § 2846; Beatty v. Hobson, 133 Ala. 270, 31 South. 946. Section 2865…
2Cases cited8 opinions
- Carter v. ChambersSupreme Court of Alabama · 1885
- Johnson v. StateSupreme Court of Alabama · 1860
- McDonald v. Montgomery Street RailwaySupreme Court of Alabama · 1895
- Smith v. StateSupreme Court of Alabama · 1897
- Griffin v. Working Women's Home Ass'nSupreme Court of Alabama · 1906
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3Cited by8 opinions
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- Russell v. BushSupreme Court of Alabama · 1916
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- Pate v. StateAlabama Court of Appeals · 1924
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