WESTER v. BAKER

2941153.

675 So.2d 447 (1996)

Owen W. WESTER v. Virginia P. BAKER, Executrix of the Estate of Virginia C. Wester, deceased.

Court of Civil Appeals of Alabama.

January 19, 1996.


Attorney(s) appearing for the Case

James H. Weaver, Jr. and V.J. Elmore III, Birmingham, and Frank S. Teel, Rockford, for Appellant.

No brief filed for appellee.


RICHARD L. HOLMES, Retired Appellate Judge.

Owen W. Wester appeals from the trial court's order that granted his petition for an elective share and denied his request to take as an omitted spouse.

Our review of the record reveals the following pertinent facts: In August 1972 Virginia C. Eason executed a will, naming her niece, Virginia P. Baker, as the sole beneficiary and the executrix of her will.

Eason married Wester in September 1973. In April...

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