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FRANCIS v. NICHOLAS

2950935.

689 So.2d 101 (1996)

Muriel G. FRANCIS v. Frederick M. NICHOLAS, Special Administrator of the Estate of Samuel Lewis Francis.

Court of Civil Appeals of Alabama.

Rehearing Denied November 8, 1996.

Certiorari Denied March 14, 1997.

Attorney(s) appearing for the Case

Thomas B. Hanes of Barnett, Hanes, O'Neal, Duffee & Garfield, L.L.C., Birmingham, for Appellant.

Maibeth J. Porter of Maynard, Cooper & Gale, P.C., Birmingham; John H. Bentley of Fite, Davis, Atkinson, Guyton & Bentley, P.C., Hamilton; and Michael A. Green of Greenberg, Glusker, Fields, Claman & Machtinger, Los Angeles, CA; and Macbeth Wagnon, Jr., of Bradley, Arant, Rose & White, Birmingham, for Appellee.

Alabama Supreme Court 1960272.

MONROE, Judge.

Muriel G. Francis ("petitioner") and Samuel L. Francis ("Francis") were divorced by the Marion Circuit Court on March 24, 1959. Francis, a world-renowned artist, died on November 4, 1994, in Los Angeles, California. On January 5, 1996, the petitioner filed a petition to set aside the final decree of divorce on the ground that neither she nor Francis had ever resided in Alabama. She argues that their divorce was...

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