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FIRST NATIONAL BANK OF BIRMINGHAM v. KLEIN

8 Div. 335.

234 So.2d 42 (1970)

The FIRST NATIONAL BANK OF BIRMINGHAM, a Corporation, as Trustee under the Last Will and Testament of Clarence A. Leslie, deceased, and as Executor under the Last Will and Testament of Clarence A. Leslie, deceased et al. v. Crockett KLEIN and Sarah Jane Wilson.

Supreme Court of Alabama.

Rehearing Denied April 30, 1970.

Attorney(s) appearing for the Case

Bradley, Arant, Rose & White, Robert B. Donworth, Jr., Birmingham, Ford, Caldwell, Ford & Payne, Huntsville, for appellant.

Griffin & Griffin, Huntsville, for appellees.

MADDOX, Justice.

This is a will contest. The testatrix, Maude M. Leslie, died on February 24, 1965, leaving a last will and testament executed on January 21, 1953. The testatrix executed a codicil to her will in 1956, which is not pertinent here, and a second codicil in January, 1963. The second codicil is the subject of this contest.

The testatrix initially left one-third of her residuary estate to each of her three sons, William H. Leslie, Clarence A. Leslie...

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