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MATTER OF ESTATE OF DAWSON

SC 1818.

346 So.2d 386 (1977)

In the Matter of the ESTATE OF Anne Jean Wilcox DAWSON, Deceased. W. S. PRITCHARD, Jr., Guardian Ad Litem of Interest of Anne Jean Wilcox Dawson v. Bernice EUBANKS, Administratrix Ad Colligendum.

Supreme Court of Alabama.

May 20, 1977.

Attorney(s) appearing for the Case

W. S. Pritchard, Jr., Birmingham, for appellant.

W. Frank Greenleaf, for Sirote, Permutt, Friend & Friedman, Birmingham, for appellee Bernice Eubanks, administratrix ad colligendum.

C. Fred Daniels, Birmingham, guardian ad litem for grandchildren of Anne Wilcox Dawson.

ALMON, Justice.

Bernice Eubanks, sister of Anne Jean Wilcox Dawson, filed a complaint in circuit court requesting the court to declare Anne Dawson dead; prior to the filing of the complaint in circuit court, the probate court appointed Eubanks as Administrator Ad Colligendum for the estate of Anne Dawson, pending proof of death. The circuit court found that Anne Dawson is dead and that her death occurred on or about September 24, 1974.

This appeal was taken...

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