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the date-of-death value of decedent's one-half interest in two
parcels of real estate held in trust.
FINDINGS OF FACT
Some of the facts have been stipulated and are found
accordingly. The stipulation of facts and the attached exhibits
are incorporated herein. Willie C. Lloyd (decedent) died on
February 20, 1987. Executrix Iva Nell Holman (Holman) and
executrix Myrtle Lee Spraggins (Spraggins) both resided in
Anniston, Alabama, at the time the petition was filed in this
case. Spraggins died during the pendency of this case.
1. General Background
On February 25, 1987, Holman and Spraggins offered
decedent's will for probate. Decedent's will, dated February 5,
1987, left one-third of his estate to Mary Ann Brewer.
Decedent's will also left a pecuniary bequest of $7,500 to his
daughter, Jan Lloyd Rivers (Rivers). Both bequests were subject
to an in terrorem clause intended to prevent a will contest.
Decedent's will divided the residuary of his estate equally
between his sisters, Holman and Spraggins, the executrices of his
estate.
On March 5, 1987, Rivers initiated a will contest,
contending that decedent died intestate and that Rivers was the
sole heir and distributee of his estate. On that same date,
Rivers petitioned for and received an appointment as special
administratrix ad colligendum in the estate proceedings.
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