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JACOWAY v. BRITTAIN

SC 2734.

360 So.2d 306 (1978)

Ernest JACOWAY, as Administrator of the Estate of Hugh Dodge Jacoway, Deceased v. Roy Clyde BRITTAIN, Sr., as Executor of the Will of Hugh Dodge Jacoway, Deceased.

Supreme Court of Alabama.

June 30, 1978.

Attorney(s) appearing for the Case

Robert B. French, Jr., Fort Payne, for appellant.

David A. Rains, of Scruggs, Rains & Wilson, Fort Payne, for appellee.

MADDOX, Justice.

This appeal raises the issue of whether the trial judge erred in allowing extrinsic evidence to prove the intent of the testator.

The pertinent portion of the subject will is:

"I hereby give, devise and bequeath all of my personal property, located in my home, or on my property, unto Kathleen Brittain Owen, subject to the specific devises set out herein below . . ." (Emphasis added...

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