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STEPHENS v. STEPHENS

2950006.

680 So.2d 329 (1996)

Charles H. STEPHENS v. Helen STEPHENS.

Court of Civil Appeals of Alabama.

June 21, 1996.

Attorney(s) appearing for the Case

John J. Kubiszyn and Eddie Leitman of Leitman, Siegal, Payne & Campbell, P.C., Birmingham, for Appellant.

H. Wayne Wheeler, Birmingham, for Appellee.

YATES, Judge.

Charles H. Stephens appeals from a judgment in favor of Helen Stephens, in her capacity as successor trustee of an inter vivos trust created by her husband, Roger Stephens, Charles's brother. This case was transferred to this court by the supreme court, pursuant to § 12-2-7(6), Ala.Code 1975.

In 1985, brothers Roger and Charles entered into a partnership agreement to develop a shopping center in Birmingham; Roger held a 75% interest in the...

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