MELTON v. MELTON

6 Div. 818.

261 So.2d 887 (1972)

Lide O. MELTON, in the Matter of the Estate of Thomas O. Melton, Deceased v. Julia C. MELTON, Ind. and as Executrix, etc.

Supreme Court of Alabama.

Rehearing Denied June 1, 1972.


Attorney(s) appearing for the Case

Wilder, Crowder & Hampe, Birmingham, for appellant.

Weaver & Herrin, Hare, Wynn, Newell & Newton, Birmingham, for appellee.


COLEMAN, Justice.

A beneficiary under a will appeals from a decree approving final settlement of the executrix.

The testator died in December, 1944. He was survived by his widow and one son. The widow was testator's second wife. The son was by testator's first wife and was forty-six years old when the will was admitted to probate on January 25, 1945.

The testator bequeathed and devised to the widow an undivided one-half interest in all of his property...

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