Heirs of Hill v. Hill's ex'rs
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Butler. From the record it appears, that the defendant in error, on the 21st September, 1840, propounded for probate, a testamentary paper, and made an affidavit, that the same was the last will and testament of Josiah Hill, dec’d, &c.
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Writ of Error to the Orphans’ Court of Butler. From the record it appears, that the defendant in error, on the 21st September, 1840, propounded for probate, a testamentary paper, and made an affidavit, that the same was the last will and testament of Josiah Hill, dec’d, &c. This paper is attested by five names as subscribing witnesses, but was admitted to probate upon the affidavit of two of them, deposed to in open court, declaring,‘that they were personally present, and saw Josiah Hill sign, seal, deliver, and heard him acknowledge and publish the within to be his last will and testament,…
1Opinion of the CourtCollier, C. J.
The writ of error in this case, is sued out by two of the legatees named in the testator’s will, of whom there are four in all, two designated as his sisters, one as brother, and a fourth as his brother-in-law. It is not shewn by the record, that there was any contestation in the orphans’ court, upon the will being offered for probate, that a citation issuéd to the widow or next of kin, or that there was proof that the testator had no widow or kindred resident in this State. In this posture of the case, it *168is difficult to conceive how it can be here entertained. It is said in the elementary…
2Cases cited2 opinions
- Dale v. RooseveltCourt for the Trial of Impeachments and Correction of Errors · 1826
- Shields v. AlstonSupreme Court of Alabama · 1842
3Cited by13 opinions
- Freeman v. BlountSupreme Court of Alabama · 1911
- McIntyre v. SholtyIllinois Supreme Court · 1891
- Holford v. AlexanderSupreme Court of Alabama · 1847
- Roy v. SegristSupreme Court of Alabama · 1851
- Dupree v. PerrySupreme Court of Alabama · 1850
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