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BALDWIN v. ESTATE OF BALDWIN

1011220.

875 So.2d 1138 (2003)

Julia BALDWIN v. ESTATE OF Claude H. BALDWIN, Jr.; et al.

Supreme Court of Alabama.

Rehearing Denied September 19, 2003.

Attorney(s) appearing for the Case

Bruce A. Burttram, Birmingham, for appellant.

Bruce F. Rogers and James W. Davis of Bainbridge, Mims, Rogers & Smith, LLP, Birmingham, for appellees Gloria Cobb, Miles Branch, and Suzanne Ligon.

John Frank Head of Wallace, Ellis, Fowler & Head, Columbiana, for appellees Miles Branch and Suzanne Ligon.

Harry Markstein, Birmingham, for appellee Claude H. Baldwin III.

Douglas L. McWhorter of Dominick, Fletcher, Yeilding, Wood & Lloyd, P.A., Birmingham, for appellee O.W. Irwin, as executor of the estate of Claude H. Baldwin, Jr., and as successor trustee of the Claude H. Baldwin, Jr., declaration of trust.

SEE, Justice.

This case arises from a dispute concerning the estate of Claude H. Baldwin, Jr. ("Claude"). Julia Baldwin, Claude's widow, appeals from the trial court's summary judgment dismissing an action in which Julia sought a declaration of what assets were in the Claude H. Baldwin, Jr., Revocable Trust of September 3, 1992 ("the Baldwin Trust") at the time of Claude's death. We hold that the summary judgment in Julia's declaratory-judgment action was inappropriate...

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