Smith v. Smith

This is an appeal by two nephews of Andy Clarence Whitaker, deceased, from a decree which construed his will in a manner adverse to them. We reverse and remand.

The suit was initiated by Novella Whitaker Smith, administratrix C.T.A. of Whitaker's estate, who sought a declaratory judgment construing his will which had been admitted to probate. Whitaker, a farmer with little schooling, was a wealthy man when he died in 1979 at the age of 82. Among his assets were over Four Hundred Thousand Dollars in personalty, certain real property in Guntersville, and two farms. Whitaker left no widow,…