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MARTIN v. FIRST NAT. BANK OF MOBILE

80-559.

412 So.2d 250 (1982)

Carla MARTIN v. FIRST NATIONAL BANK OF MOBILE, Executor of the Estate of Carl T. Martin, Deceased, et al.

Supreme Court of Alabama.

March 19, 1982.

Attorney(s) appearing for the Case

Jack W. Smith of Smith & Smith, Dothan, for appellant.

Caine O'Rear, III of Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, for appellee First Nat. Bank of Mobile.

John T. Crowder, Jr. of Cunningham, Bounds, Byrd, Yance, & Crowder, Mobile, for appellee Christine Ethridge.

MADDOX, Justice.

The dispositive issue on this appeal is whether the trial judge, the probate judge of Mobile County in this instance, erred in considering extrinsic evidence to determine the intent of the testator in using the terms "cash" and "personal property" in his will.

Carl T. Martin died testate on March 1, 1976. His will, dated November 25, 1975, naming his only child, Carla Martin Ethridge, executrix, was duly admitted to probate in the Probate...

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