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BLACK v. SEALS

84-80, 84-81.

474 So.2d 696 (1985)

Richard BLACK and Jackie Savage v. Gertrude SEALS, et al. John Lewis SAVAGE v. Gertrude SEALS, et al.

Supreme Court of Alabama.

August 2, 1985.

Attorney(s) appearing for the Case

Margaret L. Fleming, Talladega, for appellants.

William J. Trussell of Church, Trussell & Robinson, Pell City, for appellees.

ADAMS, Justice.

Plaintiffs John Savage, Richard Black, and Jackie Savage appeal from a summary judgment in a suit for the partition or sale of land. We reverse.

Mildred Savage owned a forty-acre tract of land in St. Clair County, Alabama. Mildred died on April 14, 1974. Her niece, Gertrude Seals, offered Mildred's will, dated August 27, 1973, which was handwritten with no subscribing witnesses, for probate. Mildred's nephew, appellant John Savage, contested...

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