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SMITH v. SMITH

79-172.

387 So.2d 134 (1980)

Donald SMITH and Charles Woodall, v. Novella Whitaker SMITH, as Administratrix, etc.

Supreme Court of Alabama.

Rehearing Denied August 29, 1980.

Attorney(s) appearing for the Case

T. J. Carnes of Carnes & Carnes, Albertville, for appellants.

W. D. Wilkes, Jr. of Starnes, Smith & Wilkes, Guntersville, for appellee Novella Whitaker Smith, as Administratrix, etc.

Louis B. Lusk of Lusk & Lusk, Guntersville, for appellees Bebe Whitaker Brown and Carey Whitaker.

J. Terry Huffstutler, Jr., Guntersville, Guardian Ad Litem for appellee Clara T. Whitaker Clay, a person of unsound mind.

BEATTY, Justice.

This is an appeal by two nephews of Andy Clarence Whitaker, deceased, from a decree which construed his will in a manner adverse to them. We reverse and remand.

The suit was initiated by Novella Whitaker Smith, administratrix C.T.A. of Whitaker's estate, who sought a declaratory judgment construing his will which had been admitted to probate. Whitaker, a farmer with little schooling, was a wealthy man when he died in 1979 at the age of 82...

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