Stone v. Williams (Stone Ii)

891 F.2d 401 (2nd Cir 1989)

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Nature of the Case

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Facts

The Alabama Supreme Court decided P’s appeal in separate litigation wherein P was seeking to reopen her father’s estate and to obtain a share. The Alabama Supreme Court reversed the trial court’s award of summary judgment to Ds finding that they had intentionally, willfully, and fraudulently concealed P’s identity, existence, claim and rights as a natural child. Because of fraud and errors of law, the Alabama court also set aside the Circuit Court decrees that P was not an heir to the estate. The Alabama court also held that laches did not bar P’s claim because her delay was excusable. P filed a petition for rehearing, and the court granted the petition.