Preview:

REL:

12/11/09

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2009-2010 _________________________ 2080737 _________________________ Norma Hines, Tiffany Hines, and Teiona Hines v. Gloria Enis, as executrix of the estate of Jimmy Ray Enis Appeal from Fayette Probate Court (07-141) BRYAN, Judge. Norma Hines ("Norma"), Tiffany Hines ("Tiffany"), and Teiona Hines ("Teiona") appeal from two judgments of the Fayette Probate Court ("the probate court") in the

administration of the estate of Jimmy Ray Enis. We dismiss the

2080737 appeal with respect to one of those judgments because we lack jurisdiction, and we reverse the other judgment and remand the cause to the probate court. Norma is the former wife of Jimmy Ray Enis ("the

decedent"), who died testate on December 22, 2006. Tiffany and Teiona are two of the decedent's four surviving children. Three of those four children, Tiffany, Teiona, and Jimmy Enis ("Jimmy"), are adults, and one of them, Tray Enis ("Tray"), is a minor. The decedent's will named Gloria Enis ("the executrix"), a sister of the decedent, as his executrix and devised all his property to her. On December 27, 2007, the executrix

petitioned the probate court to admit the decedent's will to probate and to issue her letters testamentary. On February 28, 2008, Tiffany and Teiona petitioned the probate court to determine that all four of the decedent's surviving children were entitled to the personal-property exemption provided for by

Download 2080737.pdf

Alabama Law