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Brown v. Brown

Alabama Court of Civil Appeals
21 So. 3d 1 (2009)


Facts

R. B. Brown executed a will in 1957 (the 1957 will). After his death in 2007, Brown’s wife, Emily (plaintiff), petitioned to have the 1957 will admitted to probate. A. J. Brown (defendant), one of four children born to Emily and R. B., contested the 1957 will on the ground that R. B., in 2006, had executed a “Revocation of Last Will and Testament” (revocation document) in which R. B. “revoke[d] all last wills and testaments heretofore made . . . it being my intention and desire to die without a will.” Arguing that the revocation document effectively revoked the 1957 will, A. J. petitioned to have the revocation document admitted to probate. Emily moved for summary judgment, which the circuit court granted. A. J. appealed.

Rule of Law

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Issue

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Holding and Reasoning (Moore, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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