Daniel v. Hill
Supreme Court of Alabama
Appeal from Chancery Court of Greene. Heard before Hon. A. W. Dillakd. The bill in this case was filed by the appellees to set aside the probate of the will of Robert D. McAlpine. The appellee, ' Mary E. Hill, was the only sister of the full blood of the said Robert D., who died in March, 1869, between eighteen and nineteen years of age, unmarried, and leaving no brothers.
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Appeal from Chancery Court of Greene. Heard before Hon. A. W. Dillakd. The bill in this case was filed by the appellees to set aside the probate of the will of Robert D. McAlpine. The appellee, ' Mary E. Hill, was the only sister of the full blood of the said Robert D., who died in March, 1869, between eighteen and nineteen years of age, unmarried, and leaving no brothers. After his death the appellant, A. S. Daniel, procured to be admitted to probate, in the court of probate in the county of Greene, an instrument in writing, as the last will and testament of the said Robert D., in the terms…
1Opinion of the CourtBrickell, C. J.
It certainly is now a settle^ principle prevailing in this country, without exception so far as we can ascertain, that testamentary capacity, as to personalty, is governed by the law of the last domicil; as to realty, by the lex rei sitce. Whart. Con. Laws, § 568; Story’s Con. Laws, § 465; Varner v. Bevil, 17 Ala. 286. The important rules which are generally adopted as guides in determining the domicil, when it is in doubt, are thus stated by Judge Story : ■ “ First, the place of birth of a person is considered as his domicil, if it is at the time of his birth the domicil of his parents.…
2Cases cited10 opinions
- Meek v. PerryMississippi Supreme Court · 1858
- Dunn v. Bank of MobileSupreme Court of Alabama · 1841
- Shepherd v. NaborsSupreme Court of Alabama · 1844
- Crispell v. DuboisNew York Supreme Court · 1848
- Varner v. BevilSupreme Court of Alabama · 1850
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3Cited by37 opinions
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Shipman v. FurnissSupreme Court of Alabama · 1881
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Sharp v. HallSupreme Court of Alabama · 1888
- Thompson v. DavitteSupreme Court of Georgia · 1877
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