FOSTER v. ANDERSON

6 Div. 821.

248 So.2d 707 (1971)

Annie Mae FOSTER, as Executrix of the Estate of Andrew Shepard, deceased, v. Jewell Lee ANDERSON, as Guardian of Andretta Marie Shepard, a Minor, and Jewell Lee Anderson, as Guardian of Andrew Shepard, a Minor.

Supreme Court of Alabama.

May 27, 1971.


Attorney(s) appearing for the Case

George V. Eyraud, Jr., Birmingham, for appellant.

John D. Prince, Jr., Birmingham, for appellee Jewell Lee Anderson.


BLOODWORTH, Justice.

The executrix of the estate of Andrew Shepard, deceased, appeals from a decision of the circuit court of Jefferson County, in equity, allowing the two minor legitimated children of the deceased to share in the estate as pretermitted heirs.

The sole question presented as to us is whether children, legitimated by a testator subsequent to the execution of his will and for whom no provision is made in the will, share in the estate as pretermitted...

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