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TOLER v. MURRAY

1021956 and 1021957.

886 So.2d 76 (2004)

Donna Hammers TOLER v. Arthur C. MURRAY, Judge of Probate of Calhoun County. Ex parte Donna Hammers Toler. (In re Donna Hammers Toler v. Arthur C. Murray, Judge of Probate of Calhoun County).

Supreme Court of Alabama.

January 30, 2004.

Attorney(s) appearing for the Case

David R. Pace and Daniel E. Morris, Anniston, for appellant/petitioner Donna Hammers Toler.

Submitted on appellant/petitioner's brief only.

WOODALL, Justice.

Donna Hammers Toler seeks appellate review of an order of the Calhoun Probate Court denying her petition to probate a will. We hold that she is entitled to relief.

The facts are undisputed. On April 16, 2003, Claude Lehman Hammers executed a self-proving instrument purporting to be his last will. Hammers died on June 12, 2003. On July 21, 2003, Toler, the executrix designated in the document, petitioned the Calhoun Probate Court to admit...

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