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DURHAM v. DURHAM

79-878.

400 So.2d 751 (1981)

Marie Reese DURHAM v. Hoyt DURHAM and Derward Durham.

Supreme Court of Alabama.

Rehearing Denied June 19, 1981.

Attorney(s) appearing for the Case

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

J. C. Kellett, of Kellett & Gillis, Fort Payne, for appellees.

SHORES, Justice.

B. S. Durham died testate in June, 1979. He left surviving a widow and two adult sons. The decedent and his wife were married in 1977. At the time of the marriage, Mr. Durham owned a home in Fort Payne, and Mrs. Durham owned a home in Albertville. In 1978, the two bought a third house located in Albertville, which was placed in their joint names with right of survivorship. By his will, Mr. Durham provided, in part, as follows:

ITEM II

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