Rucker v. Morgan

THIGPEN, Judge.

This ease involves the interpretation of whether a particular document was intended as a will or as a deed. The appeal was transferred to this court from our Supreme Court pursuant to Ala.Code 1975, § 12-2-7.

In January 1995, Reba Helen Rucker (Rucker) filed a complaint for a declaratory judgment against Karen R. Morgan (Morgan) seeking a determination of the parties’ interests in certain real property. In May 1995, Rucker amended her complaint, requesting that the trial court find that a document executed by Joseph Rucker (the decedent) on December 1,1992, was a valid deed.

The…