Legal Opinion

Burns v. Ashley

Supreme Court of Alabama

Decided September 28, 2018No. 1170565Published

1Opinion of the Court

BRYAN, Justice.

Beverly Burns, Michael Ashley, and Debbie Elrod (hereinafter collectively referred to as "the appellants") appeal from a judgment of the Etowah Circuit Court ("the circuit court") denying the appellants' will contest, admitting to probate the will of Rheba Sue Ashley ("Rheba"), and *972issuing letters testamentary to James Wayne Ashley ("James"). For the reasons set forth herein, the circuit court's judgment is void for lack of jurisdiction, and the appeal must therefore be dismissed.

Facts and Procedural History

On February 15, 2015, Rheba died testate, survived by her five…

Also in this document: Dissent.

2Cases cited15 opinions

  1. DuBose v. WeaverSupreme Court of Alabama · 2011
  2. Ex Parte PearsonSupreme Court of Alabama · 1941
  3. Mpq v. Birmingham Realty Company, 1091582 (Ala. 8-12-2011)Supreme Court of Alabama · 2011
  4. In Re BerrySupreme Court of Alabama · 2008
  5. Ex Parte McLendonSupreme Court of Alabama · 2001

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