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ABERNETHY v. ABERNETHY

1910917.

611 So.2d 1021 (1992)

Margaret K. ABERNETHY v. James J. ABERNETHY and Ian Abernethy, as co-executors of the Estate of James F. Abernethy, deceased; et al.

Supreme Court of Alabama.

December 4, 1992.

Attorney(s) appearing for the Case

Henry A. Callaway III and G. Porter Brock, Jr. of Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, for appellant.

Gary L. Armstrong of Armstrong, Vaughn & Stein, Daphne, for appellees.

STEAGALL, Justice.

James F. Abernethy died on January 29, 1989, leaving a will that provided, in pertinent part:

"I give, devise and bequeath all the rest, residue and reminder of my estate of whatever nature and wherever situate as follows: "A. One-third (1/3) of my said residuary estate to my wife, Margaret K. Abernethy, if she shall survive me and if she shall have predeceased me, as hereinafter provided in Paragraph B. "B. Two-thirds...

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