Logourl black
From our private database of 13,800+ case briefs...

Harrison v. Bird

Supreme Court of Alabama
621 So. 2d 972 (1993)


Facts

Daisy Virginia Speer executed a will in November 1989 that made Katherine Crapps Harrison the primary beneficiary and named her as executrix of the estate. On March 4, 1991, Speer called her attorney and asked him to destroy the original version of her will. He tore the will into 4 pieces and mailed the pieces to Speer. When Speer died on September 3, 1991, included in her personal effects was the letter sent with the torn pieces of her will, but the pieces of her will were not found. Harrison, who had been given a copy of the original will attempted to probate her copy of the will. The circuit court ruled that since the will was not destroyed in Speer’s presence it was not legally revoked and there was no ratification of the revocation. The probate court, administering the estate as intestate, awarded letters of administration to Mae S. Bird. The circuit court approved the administration of the estate as intestate and the award of letters of administration, holding that a presumption of revocation arose because the pieces of Speer’s will were missing and Harrison failed to rebut the presumption. Harrison appealed the circuit court’s decision to the Supreme Court of Alabama.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Houston, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 166,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.