Legal Opinion

Durham v. Durham

Supreme Court of Alabama

Decided April 24, 1981No. 79-878PublishedCited by 6 opinions

1Opinion of the Court

B.S. Durham died testate in June, 1979. He left surviving a widow and two adult sons. The decedent and his wife were married in 1977. At the time of the marriage, Mr. Durham owned a home in Fort Payne, and Mrs. Durham owned a home in Albertville. In 1978, the two bought a third house located in Albertville, which was placed in their joint names with right of survivorship. By his will, Mr. Durham provided, in part, as follows:

ITEM II

My immediate family consists of my wife, Marie Reese Durham, and a son, Derward Durham, and a son, Hoyt Durham.

ITEM III

I give, devise and bequeath my home and the…

2Cases cited3 opinions

  1. Griffin v. AyersSupreme Court of Alabama · 1936
  2. Wildman v. MeansSupreme Court of Alabama · 1922
  3. Mullins v. BakerSupreme Court of Alabama · 1915

3Cited by6 opinions

  1. Andrews v. Troy Bank and Trust Co.Supreme Court of Alabama · 1988
  2. Lansford v. GorhamSupreme Court of Alabama · 1991
  3. Drummond Co., Inc. v. GunterCourt of Civil Appeals of Alabama · 1991
  4. Saxon v. PickettSupreme Court of Alabama · 1992
  5. Parr v. GodwinSupreme Court of Alabama · 1984

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