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IN THE MATTER OF THE ESTATE OF THOMAS A. MITCHELL, DECEASED BETTY LOU BAYHI ZIMMERMAN v. JOSEPH C. CORLEY

JANUARY 27, 1988

IN THE MATTER OF THE ESTATE OF THOMAS A. MITCHELL, DECEASED BETTY LOU BAYHI ZIMMERMAN
v.
JOSEPH C. CORLEY, EXECUTOR, DOW MITCHELL, JESSIE MAE MITCHELL PARKER, ROCHELLE E. SEGREST, HUGH MARSHALL, ABIGAIL FINCANNON CASEY and MICHAEL FINCANNON



BEFORE HAWKINS, P.J.; ROBERTSON and GRIFFIN, JJ.

GRIFFIN, JUSTICE, FOR THE COURT:

This case, concerning the term "cash" within a will, comes to the Court from the Chancery Court of the First Judicial District of Harrison County, which awarded four certificates of deposit under a cash bequest. We affirm.

On February 9, 1981, Thomas A. Mitchell executed a will, which read in part:

 Item III

 I hereby give, devise and bequeath to my brothers, sisters, or surviving children of my brothers and sisters who may predecease me, a one-fifth (1/5th) interest in all remaining cash possessed by me at the time of my death less the costs of the administration of my estate, and the One Thousand & No/100 ($1,000.00) Dollars bequested to Lois Kelley.

 This bequest is hereby made as follows:

 1. I hereby give, devise and bequeath 1/5th of the cash proceeds to Edward Lee Mitchell of Pensacola, Florida;

 2. I hereby give, devise and bequeath 1/5th of the cash proceeds to Dow Mitchell of Atmore, Alabama;

 3. I hereby give, devise and bequeath 1/5th of the cash proceeds to Jessie Mae Mitchell Parker of RFD, Dothan, Alabama;

 4. I hereby give, devise and bequeath 1/5th of the cash proceeds to Rochelle Elizabeth Mitchell Segrett of Luverne, Alabama;

 5. I hereby give, devise and bequeath 1/5th of the cash proceeds to be shared equally to the children of Lydia Irene Mitchell Fincannon, being Hugh Marshall, Abigail Fincannon and Michael Fincannon.

 Item IV

 I hereby give, devise and bequeath my automobile, household furniture, personal property and any and all other property possessed by me wheresoever situated at the time of my death to Betty Lou Bayhi Zimmerman.

 In March and November, 1982, Mitchell executed codicils, unrelated to this suit. On February 13, 1984, Mitchell, a widower without children, died, leaving his brothers, sisters, nephews and niece, mentioned in Item III, and his deceased ...


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