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EX PARTE FORRESTER

1040235.

914 So.2d 855 (2005)

Ex parte Howard FORRESTER, as executor of the estate of Louise Forrester. (In re Susan Louise Phelps Hollis et al. v. Howard Forrester, as executor of the estate of Louise Forrester; et al.)

Supreme Court of Alabama.

Rehearing Denied June 10, 2005.

Attorney(s) appearing for the Case

William P. Gray, Jr., and Harry O. Yates, Jr., of Gray & Associates, L.L.C., Birmingham; and Douglas L. McWhorter of Dominick, Fletcher, Yeilding, Wood & Lloyd, P.A., Birmingham, for petitioner.

Charles D. Rosser of Rosser, Marthaler & Rosser, Tuscumbia, for respondents.

LYONS, Justice.

Howard Forrester, as the executor of the estate of Louise Forrester, appeals from the Court of Civil Appeals' reversal of the judgment of the Jefferson Probate Court.1 We affirm.

I. Facts and Procedural History

The Court of Civil Appeals stated the relevant facts in Hollis v. Forrester, 914 So.2d 852, 852-54 (Ala.Civ.App.2004):

"The record reveals...

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