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HUDSON v. HUDSON

2951078.

701 So.2d 13 (1997)

Kenneth W. HUDSON, individually, and as executor of the estate of Curtis W. Hudson, deceased v. Elizabeth Nesmith HUDSON.

Court of Civil Appeals of Alabama.

Rehearing Denied April 4, 1997.

Certiorari Denied July 25, 1997.

Attorney(s) appearing for the Case

G.R. Fernambucq of Boyd & Fernambucq, P.C., Birmingham; and Randall W. Nichols of Nichols Law Office, P.C., Birmingham, for appellant.

Charles W. Gorham and Anne D. Lamkin of Gorham & Waldrep, P.C., Birmingham, for appellee.

Alabama Supreme Court 1961182.

SAM A. BEATTY, Retired Justice.

Kenneth W. Hudson ("the executor") appeals from a judgment awarding an elective share of the estate of Curtis W. Hudson to Elizabeth Nesmith Hudson. Our supreme court transferred the appeal to this court pursuant to § 12-2-7(6), Ala.Code 1975. We reverse and remand.

Curtis Hudson died in November 1993. The executor is one of Curtis Hudson's children from his marriage to Ruby Hudson...

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