Bowe v. Pierson
Supreme Court of Alabama
Appeal from Probate Court, Jefferson County; J. P. Stiles, Judge. Contest of the probate of the will of Lizzie Howard; Laurena Pierson and others being- the proponents, and Richard Bowe, by guardian, and others, being contestants. From a decree admitting' the will to probate contestants appeal. Counsel discuss the errors assigned, with citation of authority; but, in view of the opinion, it is not deemed necessary to here set them out.
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Appeal from Probate Court, Jefferson County; J. P. Stiles, Judge. Contest of the probate of the will of Lizzie Howard; Laurena Pierson and others being- the proponents, and Richard Bowe, by guardian, and others, being contestants. From a decree admitting' the will to probate contestants appeal. Counsel discuss the errors assigned, with citation of authority; but, in view of the opinion, it is not deemed necessary to here set them out. They cite no authority against the motion to dismiss. The appeal was not taken in time. Section 2S55, Code 1907; 74 Ala. 364. No proper issue was tendered.…
1Opinion of the CourtThomas, J.
The appeal is from a decree of probate of the will of Lizzie Howard, deceased, on petition of Laurena Pierson and Callie Southerland, of date April 9, 1920.
At the trial, contestants Hattie Hayes and Annie Clark .withdrew all specifications except the first and second grounds, and thereupon an issue was made up under the direction of the court, being whether or not the instrument offered for probate was executed by testatrix as her last will and testament, and whether or not at the time of its execution she possessed that mental capacity required by law for the execution of her last will. Upon…
2Cases cited13 opinions
- Miller v. WhittingtonSupreme Court of Alabama · 1918
- Braasch v. WorthingtonSupreme Court of Alabama · 1915
- Ex Parte WalterSupreme Court of Alabama · 1918
- Walker v. YarbroughSupreme Court of Alabama · 1917
- West v. ArringtonSupreme Court of Alabama · 1917
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Luther v. LutherSupreme Court of Alabama · 1924
- In Re Milner's EstateMichigan Supreme Court · 1949
- Holmes v. HolmesSupreme Court of Alabama · 1923
- Knouse v. HanckenCalifornia Court of Appeal · 1946
4 more not listed; retrieve them via the Exa API.