GILLILAN v. GILLILAN

No. 84-1342.

483 So.2d 401 (1986)

Bridget Denise Nation GILLILAN, as guardian of Casey Lee Gillilan, a minor v. James E. GILLILAN, as administrator of the estate of Archie Lee Gillilan, deceased.

Supreme Court of Alabama.

January 24, 1986.


Attorney(s) appearing for the Case

Harold P. Knight, Birmingham, for appellant.

Jeffrey C. Kirby and Kenneth W. Hooks, of Emond & Vines, Birmingham, for appellee.


PER CURIAM.

The Issue: Whether the circuit court erred in holding that the father of the deceased, who filed for letters of administration before the expiration of 40 days from the deceased's death, was the duly appointed personal representative, under challenge by the guardian of the deceased's minor son, when no preferential applicants were before the court within the 40-day period pursuant to Code 1975, § 43-2-42.

The Decision: Affirmed...

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