GRAY v. GRAY

1050143.

947 So.2d 1045 (2006)

William Terry GRAY, as executor of the estate of John Merrill Gray II, deceased v. John Merrill "Jack" GRAY III.

Supreme Court of Alabama.

June 30, 2006.


Attorney(s) appearing for the Case

Herbert E. "Chip" Browder of Hubbard, Smith, McIlwain, Brakefield & Browder, P.C., Tuscaloosa, for appellant.

Michael S. Ballard, Birmingham, for appellee.


SEE, Justice.

William Terry Gray, the executor of the estate of John Merrill Gray II ("John"), appeals the probate court's judgment finding that John Merrill Gray III ("Jack") is entitled to receive a share of John's estate under Ala.Code 1975, § 43-8-91. We reverse the probate court's judgment and remand the case for further proceedings consistent with this opinion.

Background

In 1981, John executed his will. At that time, John was married...

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