HORTON v. RASBERRY

2010115 and 2010116.

852 So.2d 155 (2002)

Willie D. HORTON v. Billy Joe RASBERRY.

Court of Civil Appeals of Alabama.

Rehearing Denied January 24, 2003.


Attorney(s) appearing for the Case

James M. Patton of Patton & Veigas, P.C., Birmingham, for appellant.

Jesse P. Evans III and Charles T. Grimes of Lange, Simpson, Robinson & Somerville, L.L.P., Birmingham; and Conrad M. Fowler, Jr., of Wallace, Ellis, Fowler & Head, Columbiana, for appellee.


MURDOCK, Judge.

Willie D. Horton appeals from a summary judgment entered in a consolidated action in which he, as a beneficiary, and other similarly situated beneficiaries challenged the will of Bertha G. Cofer, deceased, questioning her testamentary capacity at the time she executed the will. We reverse the trial court's judgment in favor of Billy Joe Rasberry, the personal representative of Bertha Cofer's estate.

Bertha Cofer executed her will on December...

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