RUSSELL v. MAXWELL

79-222.

387 So.2d 156 (1980)

John A. RUSSELL, III v. Lucile Oakley MAXWELL et al.

Supreme Court of Alabama.

August 15, 1980.


Attorney(s) appearing for the Case

Perry Hubbard and J. Foy Guin, III of Hubbard, Waldrop, Tanner & deGraffenried, Tuscaloosa, for appellant.

J. Garrison Thompson of Pitts, Pitts & Thompson, Selma and Michael E. Gurley, Centreville, for appellees.


FAULKNER, Justice.

This is an appeal from a summary judgment issued by the Bibb County Circuit Court denying probate of a will for failure to file the will for probate within the five-year limitation period of § 43-1-37, Code 1975. We affirm.

On October 26, 1956, James Oakley, Sr., as executor of the will of Lillie Oakley, took her will to the probate judge's office and the probate judge ordered his employees to file it. The will was recorded in the Will...

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