80 Ala. 37 | Ala. | 1885
The statute relating to contesting the validity of wills, when presented for probate, provides that they may be contested not only by “ any person who, if the testator had died intestate, would have been an heir or distributee of his estate,” but by “anyperson interested therein.” Code, 1876, § 2317. In such cases the person making application to probate the will occupies the attitude of a plaintiff, and the contestant of the will that of a defendant.
The bill of exceptions having been stricken from the record, no other question is raised for our decision.
Judgment affirmed.