Roy Wayne Hill v. Hill, 2090130 (ala.civ.app. 12-3-2010)

PITTMAN, Judge.

This appeal, transferred to this court by the Alabama Supreme Court pursuant to Ala.Code 1975, § 12-2-7(6), concerns the correctness of a judgment of the Mobile Circuit Court dismissing, pursuant to Rule 12(b)(1), Ala. R. Civ. P., a civil action concerning an alleged breach of a contract to make a will.

The action giving rise to this appeal was filed by three adult children of Leroy Hill (“Leroy” or “the decedent”) — Roy Wayne Hill, Todd E. Hill, and Debra Hill Stewart (“the children”) — and by the decedent’s first wife, Bonnie Todd Hill (“Bonnie”), and the plaintiffs’ complaint…