Martin v. First Nat. Bank of Mobile

The dispositive issue on this appeal is whether the trial judge, the probate judge of Mobile County in this instance, erred in considering extrinsic evidence to determine the intent of the testator in using the terms "cash" and "personal property" in his will.

Carl T. Martin died testate on March 1, 1976. His will, dated November 25, 1975, naming his only child, Carla Martin Ethridge, executrix, was duly admitted to probate in the Probate Court of Mobile County. Carla was also named co-trustee under the trust provisions of the will, and was duly appointed and served as executrix until her…