BOLTE v. ROBERTSON

1040793 and 1040850.

941 So.2d 920 (2006)

Cary BOLTE, Julian Thrasher, and William Thrasher v. Era ROBERTSON and the estate of Silas Downey.

Supreme Court of Alabama.

April 28, 2006.


Attorney(s) appearing for the Case

Kenneth H. Looney, Scottsboro, for appellants.

Finis Royal, Scottsboro, for appellees.


PARKER, Justice.

The issue presented by these appeals is whether the trial court erred in determining that the nonademption policy of § 43-8-227(a)(1), Ala.Code 1975, applied and that, therefore, Era Robertson was entitled at Silas Downey's death to the proceeds due from the sale of real property devised to Robertson but sold before Downey died.

I. History

Downey executed a three-page will on April 1, 1988. His wife had died before he...

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