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CUNNINGHAM v. LAVOIE

1012232.

874 So.2d 1068 (2003)

Ronald Michael CUNNINGHAM v. Helen C. LAVOIE, as personal representative of the estate of Lucy B. Cunningham, deceased.

Supreme Court of Alabama.

August 8, 2003.

Attorney(s) appearing for the Case

Jay M. Ross of Ross & Jordan, P.C., Mobile, for appellant.

Thomas H. Benton, Jr., of McFadden, Lyon & Rouse, L.L.C., Mobile, for appellee.

BROWN, Justice.

Ronald Michael Cunningham appeals from the dismissal by the Mobile County Probate Court of his notice of claim filed against the estate of his mother, Lucy B. Cunningham. We reverse and remand.

Facts

Lucy B. Cunningham died on August 28, 2001. Lucy's will named Helen C. Lavoie, Lucy's daughter, as her personal representative. The will also called for Lucy's house to be sold immediately and the proceeds distributed equally among...

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