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TOLVER v. TOLVER

89-1493, 89-1494.

585 So.2d 1 (1991)

D.C. TOLVER and Bessie M. Tolver v. Robert TOLVER. SOUTHTRUST BANK OF SELMA v. Robert TOLVER.

Supreme Court of Alabama.

Rehearing Denied August 9, 1991.

Attorney(s) appearing for the Case

H. Dean Mooty, Jr. of Capell, Howard, Knabe & Cobbs, Montgomery, for appellants D.C. Tolver and Bessie M. Tolver.

James B. McNeill, Jr. of Hobbs & Hain, Selma, for appellant SouthTrust Bank of Selma.

David A. McDowell, Prattville, for appellee Robert Tolver.

MADDOX, Justice.

The issue in this case is whether an elderly father, who executed a conveyance to his son and daughter-in-law, proved that a material part of the consideration for the conveyance was an agreement by the grantees to support him for the rest of his life, thereby entitling him to annul the conveyance as provided for in Ala.Code 1975, § 8-9-12.1

On January 19, 1989, Robert Tolver, then 73 years old, conveyed approximately...

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