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McALEER v. DURRY

1901759.

593 So.2d 1021 (1992)

J.C. McALEER III, as former special administrator of the Estate of Bennie J. Carter, deceased v. Peggy A. DURRY, as executrix of the Estate of Bennie J. Carter, deceased.

Supreme Court of Alabama.

January 31, 1992.

Attorney(s) appearing for the Case

Arthur J. Madden III of Madden & Soto, Mobile, for appellant.

Mona A. Vivar of Trimmier, Atchison and Hayley, Mobile, for appellee.

SHORES, Justice.

The sole issue in this case is whether the trial court erred in finding that the special administrator had been negligent in protecting the assets of the decedent's estate.

Bennie James Carter died on September 3, 1986, leaving as his heirs two sons, a daughter, his mother, a sister, and a brother. Carter had executed his will on August 14, 1986, which was three weeks before his death; he left all...

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