HORNADAY v. FIRST NAT. BANK OF BIRMINGHAM

6 Div. 399.

65 So.2d 678 (1952)

HORNADAY v. FIRST NAT. BANK OF BIRMINGHAM, Inc.

Supreme Court of Alabama.

Rehearing Denied May 28, 1953.


Attorney(s) appearing for the Case

Robert Giles and Ray & Giles, Birmingham, for appellant.

Jas. H. Bradford, Memory L. Robinson, Reid B. Barnes and Lange, Simpson, Robinson & Sommerville, all of Birmingham, for appellee.


BROWN, Justice.

The appeal in this case is from the judgment of the Circuit Court of Jefferson County, at law, sustaining the validity of the will of Jacob W. Hornaday, Sr., deceased.

The proceedings were instituted in the probate court by the appellee offering the alleged will for probate and after the filing of the petition for probate the contest was filed by the appellant, Jacob W. Hornaday, Jr., an heir at law, who would have inherited from said decedent...

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