POSS v. VERNON

78-718.

378 So.2d 735 (1979)

William POSS, Dorothy Poss Holden, and Bobby Poss v. Raymond VERNON, Lucille Vernon, and Ada Mae James and Ruel Seay, as Executor of the Estate of Oscar O. Poss, Deceased.

Supreme Court of Alabama.

December 21, 1979.


Attorney(s) appearing for the Case

Roger H. Bedford of Bedford, Bedford & Rogers, Russellville, for appellants.

No brief for appellees.


MADDOX, Justice.

The trial court granted summary judgment. The sole question, therefore, is whether there was a genuine issue of a material fact in controversy. Applying the rule to this case: Was there a genuine issue of fact presented that appellee Raymond Vernon exercised undue influence over his grandfather in the transfer of a certificate of deposit. We find that a genuine issue of fact was presented, and reverse and remand for a full hearing on the merits.<...

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