Roberts v. Trawick
Supreme Court of Alabama
Error to the Orphans’ Court of Tuscaloosa county. This was a proceeding had in the orphans’ court of Tuscaloosa county, to try the validity of a will, which the plaintiff in error offered for probate, as the last will and testament of Nathaniel Davis, deceased. Citations were issued to the widow and heirs of the deceased; six of the latter contested the will.
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Error to the Orphans’ Court of Tuscaloosa county. This was a proceeding had in the orphans’ court of Tuscaloosa county, to try the validity of a will, which the plaintiff in error offered for probate, as the last will and testament of Nathaniel Davis, deceased. Citations were issued to the widow and heirs of the deceased; six of the latter contested the will. The case was submitted to a jury, and a final trial was had on the 28th August, 1847, when the jury returned a verdict in favor of the contestants. Thereupon the court adjudged the said instrument not to be the last will and testament of…
1Opinion of the Court
CHILTON, J.~
This was a proceeding tinder the 9th section of the act of 1821, in the orphans’ court, to try the validity of the will of Nathaniel Davis, late of Tuscaloosa county, deceased. The act under which it was instituted, provides, “ when the validity of any will shall be contested, or doubts shall arise as to its validity, or as to any fact, which, in the opinion of the judge, it may be necessary to have ascertained by a jury, before awarding any order, judgment or decree, such judge, at any stated session, or on any sitting held in vacation, according to the provisions of this act,…
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