Reports of Cases Argued And Determined in the Supreme Court of ..., volume 95

Cover 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
Alabama Supreme Court
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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.


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