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COTTINGHAM v. McKEE

1000503.

821 So.2d 169 (2001)

Linda COTTINGHAM v. James John McKEE, as personal representative of the Estate of John Curtis Cottingham, Deceased.

Supreme Court of Alabama.

Specially Concurring Opinion on Denial of Rehearing November 9, 2001.

Attorney(s) appearing for the Case

Jack E. Swinford of Hayes, Swinford, Dummier & Stanford, P.C., Talladega, for appellant.

Maxwell H. Pulliam of Christian & Small, L.L.P., Birmingham, for appellee.

STUART, Justice.

Linda Cottingham, the mother of John Curtis Cottingham, deceased, appeals from a partial summary judgment in favor of James John McKee, as personal representative of her son's estate, directing that her son's body be cremated in accordance with a provision in his will.

John Cottingham executed a will on May 1, 1996. Part I of his will expressly states: "It is my wish and I direct that my body shall be cremated after my death." On March 14...

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