Reports of Cases Argued And Determined in the Supreme Court of ..., volume 95
Reports of Cases Argued And Determined in the Supreme Court of ..., volume 95
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In our eReader you can find the full English version of the book. Read Reports of Cases Argued And Determined in the Supreme Court of ..., volume 95 Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Reports of Cases Argued And Determined in the Supreme Court of ..., volume 95
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Modem Probate of Wills, 391. The same conclusive effect upon the widow or next of kin is not, as a result of the service of the statutory notice upon them, given to the judg- ment admitting the instrument to probate. It has long been settled that the proceeding under the statute for the probate of a will does not assume the form, and is not a suit inter partes as to the heirs or distributees, except as to those who come forward and have themselves made parties in the manner provided by l^w.^Kum...pe v. Coons, 63 Ala.
455 ; Allen v. Prater, 35 Ala. 169. Those who were served with notice of the proceeding, but who did not contest the will in the Probate Court, are not bound by the judgment admitting the instrument to probate, as they would be by Digitized by Google 508 SUPBEME COUET [Dec.Tepm, [Knox V. Paull.] an ordinary judgment or decree rendered in a proceeding to which they were made parties by due service of process.
Why ? Because the statute provides in their favor a special mode of avoiding the effect of the judgment of the Probate Court admitting the instrument to probate.
What to read after Reports of Cases Argued And Determined in the Supreme Court of ..., volume 95?
You can find similar books in the "Read Also" column, or choose other free books by Alabama Supreme Court to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Modem Probate of Wills, 391. The same conclusive effect upon the widow or next of kin is not, as a result of the service of the statutory notice upon them, given to the judg- ment admitting the instrument to probate. It has long been settled that the proceeding under the statute for the probate of a will does not assume the form, and is not a suit inter partes as to the heirs or distributees, except as to those who come forward and have themselves made parties in the manner provided by l^w.^Kum...pe v. Coons, 63 Ala.
455 ; Allen v. Prater, 35 Ala. 169. Those who were served with notice of the proceeding, but who did not contest the will in the Probate Court, are not bound by the judgment admitting the instrument to probate, as they would be by Digitized by Google 508 SUPBEME COUET [Dec.Tepm, [Knox V. Paull.] an ordinary judgment or decree rendered in a proceeding to which they were made parties by due service of process.
Why ? Because the statute provides in their favor a special mode of avoiding the effect of the judgment of the Probate Court admitting the instrument to probate.
What to read after Reports of Cases Argued And Determined in the Supreme Court of ..., volume 95?
You can find similar books in the "Read Also" column, or choose other free books by Alabama Supreme Court to read onlineMoreLess
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