Ruth Mary Higgins Baker v. Estate of Ruth G. Higgins

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rel: 03/27/2015 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, 2014-2015 _________________________ 2130240 _________________________ Ruth Mary Higgins Baker v. Estate of Ruth G. Higgins Appeal from Chilton Circuit Court (CV-12-59) After Remand from the Supreme Court THOMPSON, Presiding Judge. This court, on February 21, 2014, affirmed the trial court's judgment, without an opinion. The Supreme Court of Alabama has reversed this court's judgment and remanded the cause. Ex parte Baker, [Ms. 1130810, Feb. 13, 2015] ___ So. 3d ___ (Ala. 2015). In compliance with the supreme court's opinion, the appeal is hereby dismissed with instructions. The trial court is instructed to vacate the order removing the 2130240 matter from the probate court, to vacate the order denying Ruth Mary Higgins Baker's petition for appointment as the administrator with the will annexed of Ruth G. Higgins's estate and appointing Linda L. Huebner instead, and to vacate the order issuing letters of administration cum testamento annexo. APPEAL DISMISSED WITH INSTRUCTIONS. Pittman, Thomas, Moore, and Donaldson, JJ., concur. 2

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