Ex Parte Dobyne Book Reviews

Ex Parte Dobyne by Alabama Supreme Court Book Summary

This appeal, which was transferred to this court by the Alabama Supreme Court, pursuant to § 12-2-7(6), Ala. Code 1975 arises out of a will contest. The probate court determined that Janice M. Bush was the common-law wife of the decedent, Ronald A. Gray, who had died intestate. The probate court issued to Bush, based upon its finding that she was the decedents common-law wife, letters of administration regarding his estate. The decedents two sons, Raoul A. Gray and Ronald M. Gray (hereinafter "the sons") moved to set aside or vacate the probate courts judgment or for a new trial, based in part on a claim of newly discovered evidence. The probate court denied all motions. We conclude that the probate court erred in determining that a common-law marriage existed; thus, it erred in denying the motions to set aside or vacate its judgment. We reverse and remand.

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Ex Parte Dobyne (Alabama Supreme Court) Book Reviews 2024

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