BARNES v. WILLIS

85-262.

497 So.2d 90 (1986)

Erin Carter BARNES v. Georgia Lee WILLIS, as Executrix of the Estate of Malcolm J. Carter, deceased.

Supreme Court of Alabama.

Rehearing Denied October 31, 1986.


Attorney(s) appearing for the Case

William K. Abell, Montgomery, for appellant.

J. Robert Faulk and Theron O. McDowell, Jr., Prattville, for appellee.


SHORES, Justice.

This appeal of a judgment rendered in a will contest presents an issue of first impression: whether a ward for whom a curator has been appointed under Code 1975, § 26-7A-1, is legally capable of making a will without prior notice, hearing, and approval by the court.

On October 6, 1980, Malcolm J. Carter made and executed a will, which left most of his estate to his heirs according to the laws of descent and distribution. Carter appointed...

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