DEL RE v. BEAN

1920149.

623 So.2d 1026 (1993)

Joann Hunter DEL RE v. Marie BEAN.

Supreme Court of Alabama.

Rehearing Denied July 23, 1993.


Attorney(s) appearing for the Case

Carlos E. Heaps, Birmingham, for appellant.

Palmer W. Norris, Gardendale, for appellee.


PER CURIAM.

In this will contest case, the issue is whether the words in the will "If we both should die together" can be interpreted to mean "when the survivor dies." The trial court answered the question "no." We agree.

AFFIRMED.

HORNSBY, C.J., and MADDOX, ALMON, HOUSTON, KENNEDY and INGRAM, JJ., concur.

SHORES and ADAMS, JJ., dissent, with opinion by ADAMS, J.

ADAMS, Justice (dissenting).

The majority rather...

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