Bruce v. Sierra
Supreme Court of Alabama
Appeal from Mobile Probate Court. Heard before Hon. Price Williams, Jr. Petition by Jane Brnce Sierra for the probate of the will of Catherine L. Bruce, deceased, and Catherine L. Bruce and others appeared to contest the probate. Prom a decree admitting the will to probate, contestants appeal.
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Appeal from Mobile Probate Court. Heard before Hon. Price Williams, Jr. Petition by Jane Brnce Sierra for the probate of the will of Catherine L. Bruce, deceased, and Catherine L. Bruce and others appeared to contest the probate. Prom a decree admitting the will to probate, contestants appeal. The basis of the contest was that, long after making said proposed will, Catherine L. Bruce, made and executed, in the presence of witnesses as required by law, another will covering the same property, thereby revoking said former will. The testimony of the witness Inge was in full accord with all of…
1Dissent
MAYFIELD, J. —
-(dissenting.)—I cannot concur in the last part of the opinion nor in the decision in this case. I do not believe that it was ever intended by -the lawmakers of this state to provide that the mere fact of executing one written instrument revokes or destroys all others of the same kind, executed by the same person, no matter Avhat may be the contents or the provisions of either. I do not believe that section 6174 of the Code, as to the revocation of Avills, so provides, or was ever intended by the lawmakers to so provide. The writer of this dissent, as code commissioner, wrote…
2Cases cited5 opinions
- Knox v. KnoxSupreme Court of Alabama · 1891
- In re Estate of ShillaberCalifornia Supreme Court · 1887
- Fickle v. SneppIndiana Supreme Court · 1884
- Barker v. BellSupreme Court of Alabama · 1873
- Pepper's EstateSupreme Court of Pennsylvania · 1892