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SCHROEDER v. McWHITE

88-1636.

569 So.2d 316 (1990)

Diana McWhite SCHROEDER v. James H. McWHITE, Jr., individually and as administrator of the Estate of Alice D. McWhite, deceased.

Supreme Court of Alabama.

Rehearing Denied September 21, 1990.

Attorney(s) appearing for the Case

Steven A. Benefield of Rives & Peterson, Birmingham, for appellant.

Bryant A. Whitmire, Jr., Birmingham, for appellee.

SHORES, Justice.

Alice D. McWhite, mother of the two parties to this suit, died intestate. James H. McWhite, the appellee, filed a petition for letters of administration, which was granted by the Probate Court of Jefferson County, Alabama. On December 21, 1988, McWhite filed a complaint against his sister, Diana McWhite Goss, now remarried and known as Diana McWhite Schroeder. McWhite alleged fraud and sought to have Schroeder return to the estate money and personal...

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