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McCLUNG v. McCLUNG

2960975.

709 So.2d 30 (1997)

Robert N. McCLUNG v. R. Clay McCLUNG.

Court of Civil Appeals of Alabama.

Rehearing Denied January 9, 1998.

Attorney(s) appearing for the Case

William J. Freeman, Birmingham, for appellant.

Lee M. Pope of Johnston, Barton, Proctor & Powell, L.L.P., Birmingham, for appellee.

ROBERTSON, Presiding Judge.

Robert N. McClung ("the contestant") contested the will of Thelma Easter, executed in October 1989, in the Jefferson County Probate Court. The contestant alleged that the will was the result of fraud and undue influence and that Mrs. Easter had lacked testamentary capacity. On motion of the proponent of the will, R. Clay McClung, the case was transferred to the Jefferson County Circuit Court on May 17, 1995. On May 24, 1995, the proponent...

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