Gray v. Gray

William Terry Gray, the executor of the estate of John Merrill Gray II ("John"), appeals the probate court's judgment finding that John Merrill Gray III ("Jack") is entitled to receive a share of John's estate under Ala. Code 1975, §43-8-91. We reverse the probate court's judgment and remand the case for further proceedings consistent with this opinion.

Background

In 1981, John executed his will. At that time, John was married to Mary Rose Gray and had two children from a prior marriage, Robert B. Gray and Monica L. Muncher. John's will devised all of his estate to his wife Mary and did not…