Ex Parte Liddon

After the probate of a will in the probate court, a contest was filed in the chancery court by an heir of decedent, and, before it was heard, the contestant died. The question is whether the proceeding could be revived. We have never had the exact question in this court. It is now well settled that such a “cause of action” does not survive. If it was not begun in the lifetime of the contestant, it eannot.be begun by his representative after his death. Allen v. Pugh, 206 Ala. 10, 89 So. 470; Cain v. Burger, 219 Ala. 10, 121 So. 17.

With reference to actions pending at law, if based upon…