Gay v. Gay
Supreme Court of Alabama
Appeal from Montgomery Probate Court. Heard before tbe Hon. E. C. Randolph. Tbis was a contest of tbe probate of a paper purporting to be tbe last will and testament of Julius B. Gay, deceased, by Julius B. Gay, an infant child, represented by guardian ad litem. The grounds of contest, and tbe facts of tbe case, appear in tbe opinion. Tbe contest was sustained, and it was adjudged and decreed by the probate court that tbe will was revoked and void.
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Appeal from Montgomery Probate Court. Heard before tbe Hon. E. C. Randolph. Tbis was a contest of tbe probate of a paper purporting to be tbe last will and testament of Julius B. Gay, deceased, by Julius B. Gay, an infant child, represented by guardian ad litem. The grounds of contest, and tbe facts of tbe case, appear in tbe opinion. Tbe contest was sustained, and it was adjudged and decreed by the probate court that tbe will was revoked and void. Erom that decree tbe proponents appealed. 1. The testator made a will and afterwards married, and had a child issue of the marriage. At the time…
1Opinion of the CourtOlopton, J.
Section 2282 of the Code of 1876 (being section 1953 of Code, 1886), provides: “If, after making of any will, disposing of his whole estate, the testator marry, and have issue of 'such marriage, born, either in his lifetime or after his death, and the wife or such issue is living at the death of the testator, such will must be deemed revoked, unless provision has been made for such issue by some gift or settlement; or unless such issue has been provided for in the will, or in such way mentioned therein as to show an intention not to make such provision; and no other evidence can be received…
2Cited by10 opinions
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- Baacke v. BaackeNebraska Supreme Court · 1896
- Pascucci v. AlsopCourt of Appeals for the D.C. Circuit · 1945
- Francis v. MarshWest Virginia Supreme Court · 1904
- In Re the Estate of MeyerCalifornia Court of Appeal · 1919
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