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SIMS v. SIMS

2940662.

668 So.2d 859 (1995)

Tommy B. SIMS and Cindy S. Carr v. Patty J. SIMS.

Court of Civil Appeals of Alabama.

September 1, 1995.

Attorney(s) appearing for the Case

Kay L. Carson and Leslie M. Kalsing of Gorham, Stewart, Kendrick, Bryant & Battle, P.C., Birmingham, for Appellants.

Billy L. Church of Church, Kennedy & Seay, P.C., Pell City, for Appellee.

SAM A. BEATTY, Retired Justice.

Tommy B. Sims and Cindy S. Carr, co-executors of the estate of Marshall Sims, appeal from a summary judgment in favor of Patty J. Sims, the widow of Marshall Sims. We reverse and remand.

This case is before this court pursuant to § 12-2-7(6), Ala.Code 1975.

Marshall Sims ("the decedent") died on May 3, 1993. Tommy Sims and Cindy Carr ("the executors") removed the administration of the estate to the Circuit Court...

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