The circuit court may, in such case, direct an issue to be tried by a jury, and on the trial before the jury, or hearing before the circuit judge, the testimony of the witnesses reduced to writing by the judge of probate, according to section 43-8-169, is evidence to be considered by the judge or jury.
Structure Code of Alabama
Title 43 - Wills and Decedents' Estates.
Division 3 - Contesting Validity of Will.
Section 43-8-190 - Who May Contest Will; Filing Objections; Making Up Issue; Trial by Jury.
Section 43-8-191 - Time for Trial; Continuance; Summoning Witnesses.
Section 43-8-192 - Drawing and Summoning of Jurors; Penalty for Default.
Section 43-8-193 - Proceedings Against Defaulting Witness.
Section 43-8-194 - Depositions of Witnesses; Rules Governing Procedure.
Section 43-8-195 - Admission or Rejection of Will.
Section 43-8-197 - Change of Venue.
Section 43-8-199 - Contest in Circuit Court After Admission to Probate - Generally.