Conoway v. Fulmer
Supreme Court of Alabama
Probate of-Will. Appeal from Clay Probate Court. Heard before Hou. F. J. Ingram. W. A. Conoway propounded tbe last will and testament of William A. Yancey for probate, and its admission to probate was contested by Sallie A. Fulmer and others. From a decree holding that the paper offered for probate is not a will, W. A. Conoway appeals.
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Probate of-Will. Appeal from Clay Probate Court. Heard before Hou. F. J. Ingram. W. A. Conoway propounded tbe last will and testament of William A. Yancey for probate, and its admission to probate was contested by Sallie A. Fulmer and others. From a decree holding that the paper offered for probate is not a will, W. A. Conoway appeals. The probate court has no jurisdiction to hear and determine the validity of the will on any other ground than those going to the execution of the will. — Sec. 5419 and 6196, Code 1907; Small v. Small, 16 Am. Dec. 253; 23 Ene. P. & P., sec. 1214; 16 Id. 1048;…
1Opinion of the Court
' SIMPSON, J.
The appellant propounded for probate a paper purporting to be the last will and testament of William A. Yancey, in which the proponent Avas named as executor. The will is in words and figures-as follows, to-wit:
“I, W. A. Yancey, being of sound disposing mind and memory, do make this my last will and testament hereby revoking all others heretofore made by me
“Item First. I direct that all my just debts be paid as soon as possible after my death.
“Item Two. It is my will and I hereby bequeath unto Henry Yancey forty acres of my real estate.
*285“Item Three. It is my will and I hereby…
2Cases cited1 opinion
- Lucas v. ParsonsSupreme Court of Georgia · 1858
3Cited by19 opinions
- Love v. RennieSupreme Court of Alabama · 1950
- Boyles v. GreshamTexas Supreme Court · 1954
- Estate of Crawford v. CrawfordMississippi Supreme Court · 1955
- In Re Heazle's EstateIdaho Supreme Court · 1952
- McNaley v. SealyCourt of Appeals of Texas · 1938
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