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COPELAND v. TURNER

1 Div. 969.

143 So.2d 625 (1962)

Mabel J. COPELAND, Guardian, v. Noel M. TURNER, Executor.

Supreme Court of Alabama.

July 26, 1962.

Attorney(s) appearing for the Case

Beddow, Embry & Beddow, and Roderick M. MacLeod, Jr., Birmingham, and Vickers, Riis, Murray & Curran, and J. Manson Murray, Mobile, for appellant.

Austill, Austill & Austill, Mobile, for appellee, and Wm. H. McDermott, Mobile, guardian ad litem, for Janie T. Baxter.

LAWSON, Justice.

Shephard L. Baxter died on December 1, 1958, leaving his widow, Janie T. Baxter, surviving him. They had been married for many years and had no children. At the time of his death Baxter was about ninety years of age and his widow was about seventy years old.

On November 26, 1958, the decedent executed a will, the material parts of which read:

"First: I nominate and appoint my nephew, Noel M. Turner, as Executor of my Will and expressly...

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