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KELLEY v. SUTLIFF

6 Div. 369.

59 So.2d 65 (1952)

KELLEY v. SUTLIFF.

Supreme Court of Alabama.

May 22, 1952.

Attorney(s) appearing for the Case

Edw. T. Rice, Birmingham, for appellant.

Jos. S. Mead, Birmingham, for appellee.

FOSTER, Justice.

This appeal is from a decree in equity overruling a demurrer to an original bill as amended.

The purpose of the bill is to contest the probate of a will by Jesse Thompson Requardt. The instrument was alleged to have been probated April 19, 1950 in Jefferson County, Alabama. It is dated April 23, 1942. The allegation as to its probate is that it was done on that day "by the judgment or decree of the Probate Judge of Jefferson County, Alabama...

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