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SCROGGINS v. JOHNSON

2030480, 2030481, and 2030482.

907 So.2d 1059 (2004)

Beth J. SCROGGINS, as administratrix of the estate of Robert Jessie Johnson, deceased; et al. v. Juanita Jones Gavin JOHNSON, as executrix of the estate of Robert Percy Johnson, deceased.

Court of Civil Appeals of Alabama.

Rehearing Applications Denied December 30, 2004.

Certiorari Denied March 11, 2005

Attorney(s) appearing for the Case

F. Luke Coley, Jr., Mobile, for appellants.

Brenda Kay Thead, pro se.

William M. Johnson, pro se.

Jon A. Green of Shields, Ratliff, Green & Kern, P.C., Mobile, for appellee.

Alabama Supreme Court 1040522.

PITTMAN, Judge.

These appeals concern whether a party who is a decedent's sole heir is entitled to proceeds derived from a wrongful-death action filed after the heir declined to serve as administrator of the estate so as to permit him to prosecute that action.

In April 1999, Robert Jessie Johnson ("the decedent") died intestate and without issue or a surviving spouse. In March...

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