Archive for February, 2008
L.M. v. Shelby County Dept. of Human Resources – Alabama appeals court rejects faxed appeal
In this Alabama case1, a juvenile court had terminated the parental rights of a mother. The mother filed a post-judgment motion, but it was denied. The mother then attempted to appeal the denial, sending her notice of appeal by fax to the clerk of the juvenile court. The mother was informed by telephone that her…
Melican v. Parker – Who may file a caveat; capacity to make a will
During the last decade of his life, a man having an extramarital affair executed codicils (amendments) to his will on three occasions to provide for his paramour and her son. After the man died, these beneficiaries petitioned to probate his will. The executor named in the will, who was also trustee of a trust created…
Land v. Burkhalter – Witnesses to a will
In Land v. Burkhalter, three persons attempted to witness a will. One of them, a notary, signed on a line that was reserved for witnesses and also signed as a notary. The notary signed in the presence of the testator (the person who made the will); the second witness also signed in the testator’s presence;…