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| Lorren v. Agan, 2050520,
COURT OF CIVIL APPEALS OF ALABAMA, December 15, 2006, Released
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Overview: Trial court erred in granting judgment as a matter of law pursuant to Ala. R. Civ. P. 50(a)(2) to the prior marriage children on widow's claim that she was in a common law marriage with the husband; evidence existed to show the husband did agree to engage in a marital relationship with the widow, and, thus, a new trial was required on that claim.
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| Maxwell v. Dawkins, 1051443,
SUPREME COURT OF ALABAMA, December 15, 2006, Released
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Overview: Where testator's attorney wrote on will, "I hereby revoke this last will," and testator signed his name below that sentence, the revocation language plus the physical act of testator's signing his name revoked will under Ala. Code § 43-8-136(b). As testator performed the physical act of revocation, it did not have to be observed by two witnesses.
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| Medical Servs., LLC v. GMW & Co., 1041753, 1041762,
SUPREME COURT OF ALABAMA, December 15, 2006, Released
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Overview: To the extent owner's complaint sought damages against a contractor's president in his capacity as "architect," those claims were excluded from arbitration by contractor and owner's contract. However, to extent claims were essentially claims against president as contractor's employee, they had to be arbitrated, as contract did not excluded them.
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| Pirtle v. Tucker, 1050907,
SUPREME COURT OF ALABAMA, December 15, 2006, Released
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Overview: Two granddaughters, contesting their grandfather's will, failed to show a lack of testamentary capacity or a failure to properly execute but were successful in reversing summary judgment in favor of the will proponent as to their undue influence claim as they established that the proponent, a neighbor to the testator, was a favored beneficiary.
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| Porter v. Black Warrior Farms, L.L.C., 1050566,
SUPREME COURT OF ALABAMA, December 15, 2006, Decided
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Overview: Letter from decedent to son referring to money earlier transferred to son did not qualify as a will under Ala. Code § 43-8-131 because there were no witnesses to decedent's signature. Letter was, at most, either a gift conditioned on decedent's failure to return from upcoming cruise or a gift causa mortis that became void when she returned.
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| Thomas v. Campbell, 2050374,
COURT OF CIVIL APPEALS OF ALABAMA, December 15, 2006, Released
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Overview: Though a father's daughter had married, since her marriage was annulled, the trial court properly deemed her not to be emancipated; therefore, it properly ordered the father to continue to pay the child's postminority educational expenses pursuant to his agreement with the child's mother.
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| Washington v. Hill, 1050586,
SUPREME COURT OF ALABAMA, December 15, 2006, Released
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Overview: Candidate met jurisdictional requirements of Ala. Code § 11-46-69(a) to contest mayoral election because she was not required to specifically state that she was a qualified elector, a signed notarized statement was sufficient evidence that she possessed that status, and she made good faith effort to timely file security under Ala. Code § 17-15-29.
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