21 Ala. 587
Decided June 15, 1852
Supreme Court of Alabama · decided 1852-06-15
Ebeor to the Court of Probate of Baldwin. Tbe last will and testament of John E. Stapleton, deceased, was admitted to probate on tbe 13th November, 1849, on tte application of tbe executor, without notice to tbe widorL She afterwards filed her petition in tbe Court of Prob|j® propounding her interest, and praying to be made a party to the record. The prayer of her petition was granted, and she now sues out a writ of error to reverse the decree of the Court of Probate.
Good law ✅— No negative treatment on recordhow we know
Decided 1852-06-15
Cited by 3 later decisions — most recently December 1886
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1— The decree of the Probate Court of Baldwin, allowing the will of John E. Stapleton to be proved and recorded without notice to the plaintiff in error, who is his widow, must be reversed. The case of Roy v. Segrist, 19 Ala. Rep., 810, is parallel with this; and it is only necessary for us to say, that we are satisfied with the correctness of that decision.
¶2Decree reversed, and cause remanded.