SMITH v. MUCHIA

1011701.

854 So.2d 85 (2003)

Bobby SMITH et al. v. Ann MUCHIA, as executrix under the will of C.M. Smith, deceased.

Supreme Court of Alabama.

January 31, 2003.


Attorney(s) appearing for the Case

S.J. Laurie, Chatom, for appellants.

Edward P. Turner, Jr., of Turner, Onderdonk, Kimbrough & Howell, P.A., Chatom, for appellee Ann Muchia.

Daniel L. McCleave of McCeave & Denson, L.L.C., Mobile, for appellee Marguerite Williams.


MADDOX, Retired Justice.

This case involves the disposition of the estate of C.M. Smith, a resident of Washington County, who died testate. The first question presented is whether the trial judge erred when he ordered the sale of a tract of real estate devised under the will and further ordered that the proceeds of that sale be distributed equally between the brothers and sisters of C.M. Smith, even though C.M. Smith's will appears to provide for a different disposition...

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