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179 Ala. 671

Tuggle v. Wilson

Supreme Court of Alabama

Decided November 21, 1912

Supreme Court of Alabama · decided 1912-11-21

Heard before Hon. J. P. Stiles. Contest between Carrie A. Tuggle and Irene Wilson as to the division of the estate of Harry Wilson, deceased. From a judgment decreeing the estate to Irene Wilson Carrie Tuggle appeals. If Lillian Wilson was the wife of Harry Wilson, then Carrie Tuggle as the sole legatee named in her will is entitled to receive the estate. — Section 3763, Code 1907.

Cited by 3 later decisions — most recently June 1916

3 state decisions

Relies on Edinburgh-American Land Mortgage Co. v. Canterbury

Good law ✅— No negative treatment on recordhow we know

Bill of exceptions stricken and cause affirmed · Decided 1912-11-21

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MoCLELLAN, J.

¶1What purports to be a bill of exceptions was “taken, approved, and filed” by the presiding judge on November 11,1911. The final judgment, appealed from, was entered June 9, 1911. Thére does not appear to have been a presentation of the bill to the presiding judge within 90 days after judgment entered, as the statute (Code § 3019) requires. — Edinburgh-American Land Mortgage Company v. Canterbury, 169 Ala. 444, 53 South. 823.

¶2The minutes of this court show that the parties appeared by attorneys and submitted the appeal on motion to strike the bill and on the merits. The motion to strike the bill must therefore prevail, and the purported bill of exceptions is, hence, stricken. The bill being stricken, no basis for errors assigned remains.

¶3The decree of the probate court must, on this record, stand affirmed.

¶4Affirmed.

All the Justices concur.
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