Hellums v. Reinhardt

This appeal is from a judgment of the probate court admitting the will of Lela Mae Sherman to probate and holding that her husband, Clarence Hellums, was not entitled to an intestate share in her estate as an omitted spouse, Ala. Code 1975, §43-8-90, but was entitled only to an elective share, § 43-8-70. Hellums argues that the trial court did not properly apply the test for determining whether an omitted spouse is entitled to an intestate share and that, under the proper test, the evidence entitled him to such a share. The appellees, who are the beneficiaries of Sherman's will, contend that…