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STEELE v. SULLIVAN

84-647.

484 So.2d 422 (1986)

Allen W. STEELE v. C.J. SULLIVAN, as Executor of the Estate of Ira Eugene Steele, deceased.

Supreme Court of Alabama.

February 7, 1986.

Attorney(s) appearing for the Case

B. Stephen Sansom, Florala, for appellant.

Harold Albritton of Albrittons & Givhan, Andalusia, for appellee.

HOUSTON, Justice.

Allen W. Steele appeals from an order of the Circuit Court of Covington County dismissing, for lack of jurisdiction, his action contesting the document offered as the last will (and codicil) of Ira Eugene Steele. We reverse and remand.

The material facts of this case are best stated in the affidavit of Leland Enzor, which, in pertinent part, reads as follows:

"My name is Leland Enzor. On June 1, 1984, I was Probate Judge of Covington...

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