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CROSS v. RUDDER

78-204, 78-205.

380 So.2d 766 (1979)

Ora CROSS, et al. v. Eliza Marvin RUDDER et al. Eliza Marvin RUDDER et al. v. Ora CROSS et al.

Supreme Court of Alabama.

Rehearing Denied February 8, 1980.

Attorney(s) appearing for the Case

Charles A. McGee of Traylor & McGee, P. C., Fort Payne, Jack Livingston, P. C., Scottsboro, for Ora Cross, et al.

James R. Seale of Capell, Howard, Knabe & Cobbs, P.A., Montgomery, Morgan Weeks of Weeks, Weeks, & Haralson, Scottsboro, for Eliza Marvin Rudder, et al.

Charles S. Doster, Anniston, E. L. Colebeck, Florence, William M. Acker, Jr., of Dominick, Fletcher, Yeilding, Acker, Wood & Lloyd, P.A., Birmingham, Philip T. Shanks, Jr., Norman W. Harris, Decatur, for amicus curiae.

ON APPLICATION FOR REHEARING

MADDOX, Justice.

The original opinion in this case is withdrawn and the following opinion is substituted in its place.

Three questions are presented by these appeals.

(1) Does a court of equity have power to authorize a guardian of a person of unsound mind to sell privately the ward's real estate?

(2) Did the actions of the guardian of persons of unsound mind constitute "self-dealing" when she sold...

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