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HONS v. A. BERTOLLA & SONS

86-1285, 86-1599.

537 So.2d 456 (1988)

John HONS v. A. BERTOLLA & SONS, et al. John HONS v. Helen E. BAROCO, as executrix of the Estate of Rosa A. Bertolla, deceased.

Supreme Court of Alabama.

November 18, 1988.

Attorney(s) appearing for the Case

W. Borden Strickland, Mobile, for appellant.

Harry H. Riddick and David A. Boyette III of Hamilton, Butler, Riddick, Tarlton & Sullivan, Mobile, and Norborne C. Stone, Jr., of Stone, Granade, Crosby & Blackburn, Bay Minette, for appellees.

BEATTY, Justice.

These are consolidated appeals. The first appeal is by John Hons from a summary judgment in favor of the partners of A. Bertolla & Sons and the personal representatives of the estates of Angelo and Rudolph Bertolla. We affirm. The second appeal is by John Hons from an order dismissing his complaint contesting a codicil to the last will and testament of Rosa A. Bertolla. We reverse and remand.

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