Foster v. Foster

THOMAS, Judge.

Michael E. Foster (“Michael”), the executor of the estate of his father, Harry Allan Foster, Sr. (“Harry”), appeals from a judgment of the Mobile Probate Court granting the motion for a judgment as a matter of law (“JML”) filed by Harry Allan Foster, Jr. (“Allan”), and denying Michael’s “Petition for Return of Personal Property,” which he filed on behalf of the estate. We affirm.

On September 3, 2009, Harry committed suicide.1 The following facts are undisputed. On September 1, 2009, Harry wrote a personal check on his Colonial Bank checking account paid to the order of Colonial…