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GILLAND v. SCHUMAN

89-1817, 89-1818.

582 So.2d 1096 (1991)

Sue GILLAND v. Charles SCHUMAN and Jerry Schuman, as co-executors of the Estate of Frank Schuman, deceased. Delton GILLAND v. Charles SCHUMAN and Jerry Schuman, as co-executors of the Estate of Frank Schuman, deceased.

Supreme Court of Alabama.

June 21, 1991.

Attorney(s) appearing for the Case

Robert J. Hayes of Roden & Hayes, Birmingham, for appellants.

John David Knight, Cullman, for appellees.

KENNEDY, Justice.

These appeals are from dismissals for failure to comply with Rule 25, A.R.Civ.P.

In 1987, the plaintiffs, Sue and Delton Gilland, sued Frank Schuman, alleging fraud and breach of contract. The lawsuit was still pending when Frank Schuman died on June 11, 1989. Counsel for Schuman, John David Knight, filed a suggestion of death on July 18, 1989.

On November 18, 1989, Knight filed a petition for letters testamentary in which Charles...

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