PUBLIC NOTICES

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IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA

IN THE MATTER OF: THE ESTATE OF TONY EARL MOORE, Deceased

Case No.: 2021-244
NOTICE TO CREDITORS

Take Notice that LETTERS OF ADMINISTRATION of said deceased having been granted to Tonie Robinson Moore on the 25th day of May, 2021 by the Honorable Bill English, Judge of Probate Court of Lee County, Alabama.

Notice is hereby given that all persons having claims against said estate are hereby required to present the same within the time allowed by law or the same will be barred.

TONIE ROBINSON MOORE

Legal Run 06/03/2021, 06/10/2021 & 06/17/2021

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IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA        

IN THE MATTER OF: THE ESTATE OF A. D. PITTS,

Case No.: 2021- 2 51

NOTICE TO CREDITORS

Take Notice that LETTERS OF ADMINISTRATION of said deceased having been granted to Geraldine Pitts on the 27 day, of May, 2021 by the Honorable Bill English, Judge of Probate Court of Lee County, Alabama.

Notice is hereby given that all persons having claims against said estate are hereby required to present the same within the time allowed by law or the same will be barred.

GERALDINE PITTS

Legal Run 06/03/21, 06/10/21 & 06/17/2021

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NOTICE OF PUBLIC HEARING AND COMMENT

The City of Opelika will hold a Public Hearing at 4:00pm on Thursday, June 24, 2021 in the Meeting Chambers at Opelika Municipal Courtroom, 300 Martin Luther King Blvd, Opelika to discuss a proposed amendment to the Community Development Block Grant Program (CDBG) 2020-2024 Consolidated Plan for new activity to the PY2021 Action Plan.

A Public Hearing will also be held to discuss proposed Amendments to the PY2010 and PY2020 Action Plan. The proposed amendments will include reallocation of $8,000 from PY2010 in unspent funds from United Way IDA program to PY2020 Emergency Home Repair program, and $12,500 of PY2020 Chamber of Commerce COVID-19 funds to PY2020 Microenterprise COVID-19 program.

A summary of proposal will be available for review and comment beginning June 10, 2021, at Public Works, City Hall (Mayor’s office), and the Cooper Memorial Library. Public participation and comments are invited either in writing or in person and will be accepted for a minimum of thirty (30) days with comment period ending on July 10, 2021. Comments and concerns can be forwarded to the following address:

Lisa Thrift

Community Development Administrator Planning Department

City of Opelika Public Works 700 Fox Trail

Opelika, AL 36801 lthrift@opelika-al.gov

The City of Opelika complies with the Americans with Disabilities Act and meeting facilities are accessible. If you need special assistance, please call the City’s ADA Coordinator, at 334-705- 2083.

Legal Run 06/10/2021

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Extra Space Storage will hold a public auction to sell personal property described below belonging to those individuals listed below at the location indicated:

1242 N. Dean Rd, Auburn, AL 36830 Thursday, July 1st, 2021, at 10:00AM

Jaquan Milner

407 Foster St

Auburn, AL 36832

Couches, Tv Stand, Boxes

The auction will be listed and advertised on www.storagetreasures.com. Purchases must be made with cash only and paid at the above referenced facility in order to complete the transaction. Extra Space Storage may refuse any bid and may rescind any purchase up until the winning bidder takes possession of the personal property.

Legal run 06/10/2021 & 06/17/2021

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NOTICE OF PUBLIC SALE: GATEWAY TIRE AND AUTOMOTIVE gives Notice of Foreclosure of Lien and intent to sell these vehicles on 07/12/2021 at 10:00 a.m. at 2023 PEPPERELL PKWY OPELIKA, AL 36801-5441, pursuant to subsection 32-13-3 of the Alabama Statutes. GATEWAY TIRE AND AUTOMOTIVE reserves the right to accept or reject any and/or all bids.

2002 NISSAN EXTERRA (GREEN) – VIN 5N1ED28T02C556343.

GATEWAY TIRE AND AUTOMOTIVE

2023 PEPPERELL PKWY OPELIKA, AL 36801-5441

Legal Run 06/10/2021 & 06/17/2021

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NOTICE OF COURT PROCEEDING

CASE NO. CHARLES ALBERT BROWDY

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

Notice of the filing of Petition for Summary Distribution
In the Estate of CHARLES ALBERT BROWDY, deceased

Notice is hereby given that a Petition for Summary Distribution has been filed in the LEE COUNTY Probate Office by William A. Browdy on June 2, 2021 pursuant to Section 43-3-690, Code of Alabama and that 30 days after the notice of publication hereof and pursuant to law the Court shall be requested to enter an Order directing Summary Distribution of the estate of said decedent.
BILL ENGLISH, PROBATE JUDGE
Legal Run 06/10/2021

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NOTICE OF APPOINTMENT

ESTATE OF EVA MAE COLLINS, DECEASED

COURT OF PROBATE LEE COUNTY

Letters of Administration of said deceased having been granted to the undersigned on the 4TH day of June, 2021, by the Hon. Bill English, Judge of the Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.

Witness my hand and seal this the 4TH day of June, 2021.
NIJA THOMPSON

Legal Run 06/10/21, 06/17/21 & 06/24/21

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NOTICE OF APPOINTMENT

ESTATE OF LETTIE STRICKLAND, DECEASED

COURT OF PROBATE LEE COUNTY

Letters of Administration of said deceased having been granted to the undersigned on the 3rd day of June, 2021, by the Hon. Bill English, Judge of the Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.

Witness my hand and seal this the 3rd day of June, 2021.
DEBORAH HOLLINGSWORTH

Legal Run 06/10/21, 06/17/21 & 06/24/21

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CITY OF OPELIKA

NOTICE OF PLANNING COMMISSION MEETING AND PUBLIC HEARINGS

TO: RESIDENTS AND PROPERTY OWNERS OF THE CITY OF OPELIKA AND ALL OTHER INTERESTED CITIZENS

NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Opelika, Alabama will hold a regular meeting and will be conducting public hearings on Tuesday, June 22, 2021 at 3:00 p.m. in the Meeting Chamber at Opelika Municipal Court located at 300 MLK Boulevard, Opelika, Alabama. A Planning Commission work session will be held at 2:45 pm before the regular meeting. The purpose of the public hearings is to receive public comment on the following:

A public hearing on a request by Chao Han and Mike Maher, authorized representative for Chao Han, property owner, for preliminary plat approval of the South Lake Area Redivision of Lot 2 subdivision consisting of 47 lots accessed from the 1500 block South Uniroyal Road.

A public hearing on a request by Bert Boykin and Martin Evans, authorized representative for RS Hospitality LLC, Manav Hospitality LLC, and Pina Investments LLC, property owners, for preliminary and final plat approval of the RaceTrac Opelika subdivision consisting of 1 lot (combining 5 lots into one lot) accessed from 1109 Columbus Parkway. 

A request by Brandon Hays, , authorized representative for Hartbrook Opelika, LLC, property owner, for final plat approval of the Hartbrook Redivision of Lot 3 subdivision consisting of 58 lots accessed at the intersection of Academy Drive & Veterans Parkway.

A public hearing to consider a recommendation to the City Council on a request by Bert Boykin and Martin Evans (RaceTrac Petroleum, Inc., authorized representative for RS Hospitality LLC, Manav Hospitality LLC, and Pina Investments LLC, property owners, to rezone a 26,870 square foot parcel accessed from 1109 Columbus Parkway from an R-1 zoning district to a C-3, GC-P zoning district

a. An agenda item related to a rezoning request concerns an amendment to the Future Land Use Map for a 4,705 square foot lot accessed at 704 First Avenue from a light commercial land use to a downtown commercial land use category. If the Planning Commission votes to send a positive recommendation to the City Council to rezone the property and Council approve the rezoning, then approval of said amendments to the Future Land Use map will be approved.

b. A public hearing to consider a recommendation to the City Council on a request by Curt Hayley, authorized representative for Hayley Investments, LLC, property owner, to rezone 4,705 square foot lot from C-2 zoning district to a C-1 zoning district.

A public hearing on a request by Matt Cobb, authorized representative for Donald Allen, property owner, for conditional use approval for light manufacturing and office warehouse in the C-3 zoning district at 1092 & 1074 Walker Gray Court.

A public hearing on a request by Blake Rice, authorized representatives for USA Properties, LLC, property owners, for conditional use approval to expand the existing business (auto sales) an add vehicle maintenance in the C-3, GC-P zoning district at 600 Columbus Parkway.

The following additional agenda item is included for review at the May 25th Planning Commission meeting:

A petition from the Opelika Industrial Development Authority, adjacent property owner(s) to the subject vacation of right of way requesting the City Council to vacate a 0.77 acre portion of an unnamed right-of-way located west of Fox Run Parkway between Lots 5, 6, and 8A of Foxrun Industrial Park, 1st Addition. The Planning Commission provides a recommendation to City Council.

All interested persons are invited to attend the meeting/public hearings and be heard. Written comments concerning the above matters may be mailed to the Planning Director at 700 Fox Trail, Opelika, Alabama 36801 at any time prior to the meeting/public hearings and may be further submitted to the Planning Commission at the meeting/public hearings.

The Planning Commission reserves the right to modify or alter any of the proposed amendments to the Zoning Ordinance and to make its recommendations accordingly to the City Council.

Please contact Kevin Rice, the City’s ADA Coordinator, at 334-705-5132 at least two (2) working days prior to the meeting if you require special accommodations due to a disability. 

PLANNING DIRECTOR

Legal Run 06/10/2021

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IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA FAMILY COURT: DOMESTIC RELATIONS DIVISION

IN RE: THE MARRIAGE OF HEATHER PADGETT, Plaintiff,

v.

NICOLE MCGAHA PADGETT, Defendant

CASE NO.: DR 2021-57

NOTICE OF DIVORCE ACTION

NICOLE MCGAHA PADGETT, whose whereabouts are unknown, must answer HEATHER PADGETT’S petition for divorce and other relief by July 02 or, thereafter, a judgment by default may be rendered against her in Case No. DR-2021-57.00, in the Circuit Court of Lee County, Alabama.

Done this the 2nd day of June, 2021

Mary B. Roberson, CLERK OF THE CIRCUIT COURT OF LEE COUNTY, ALABAMA

Jennifer M. Chambliss Samford & Denson. LLP P. 0. Box 2345

Opelika, AL 36803-2345 Attorney for the Plaintiff

Legal Run 06/10/21, 06/17/21, 06/24/21 & 07/01/21

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NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the City Council of the City of Opelika will hold a Public Hearing on Tuesday, July 6, 2021, at 7:00 p.m. in the Courtroom of the Municipal Court Building, 300 Martin Luther King Boulevard, Opelika, Lee County, Alabama.

PURPOSE

The purpose of said Public Hearing will be to consider the adoption of an ordinance to amend Ordinance Number 124-91 (entitled “Zoning Ordinance of the City of Opelika”) adopted on September 17, 1991. At said Public Hearing all who desire to be heard shall have the opportunity to speak for or in opposition to the adoption of the following ordinance:

ORDINANCE NO.__________

ORDINANCE TO AMEND THE ZONING ORDINANCE AND

ZONING MAP OF THE CITY OF OPELIKA

(NATIONAL VILLAGE PUD)

BE IT ORDAINED by the City Council (the “City Council”) of the City of Opelika, Alabama (the “City”) as follows:

Section 1. FINDINGS. The City Council has determined and hereby finds and declares that the following facts are true and correct:

(a)  The Employees’ Retirement System of Alabama and the Teacher’s Retirement System of Alabama (collectively “RSA”) heretofore submitted to the City a Development Plan for a planned unit development (“PUD”) entitled National Village consisting of approximately five hundred eighty-nine (589) acres.

(b)   Pursuant to Ordinance No. 129-06 the City Council approved said Development Plan for National Village and amended the official Zoning Map of the City to designate the zoning classification of Planned Unit Development (PUD) for approximately five hundred eighty-nine (589) acres located adjacent to the Grand National Golf facilities and the Lodge and Conference Center at Grand National.

(c)  In 2008, the City Council amended the PUD for National Village by adding approximately ninety-four (94) acres to the original PUD.

(d)  The entire development, with inclusion of said ninety-four (94) acres, consists in the aggregate of six hundred and eighty-three (683) acres.

(e) In 2018, the City Council amended the PUD for National Village by adding nineteen (19) courtyard homes within a 7.2-acre parcel located in Village 6 of the Master Plan, or more commonly referred to as the “Town Center”.

(f)  RSA has heretofore submitted to the City a request to amend the Development Plan for National Village by adding approximately 3.91 acres.

(g) The entire development, with inclusion of said 3.91 acres, consists of an aggregate of approximately six hundred eighty-seven (687) acres.

(h) The proposed amended Development Plan for National Village will increase single-family homes in Village 8 from 26 to 51.

(i) The proposed Amendment will not significantly change the overall density for National Village PUD.

(j)   The Planning Commission of the City of Opelika heretofore conducted a public hearing on the proposed amended Development Plan.

(k)   The Planning Commission recommended approval of the amended Development Plan for National Village PUD.

(l)  The Planning Commission further recommended rezoning the new 3.91-acre parcel from R-3 District (Low-Density Residential) to PUD (Planned Unit Development.

(m)  It is advisable and in the interest of the City and the public interest that the amended Development Plan be approved.           

(n) It is advisable that the 3.91-acre parcel be rezoned from R-3 District (Low-Density Residential) to PUD (Planned Unit Development.

Section 2.  DESIGNATION OF PLANNED UNIT DEVELOPMENT. The Official Zoning Map of the City of Opelika is hereby amended and the zoning classification for the following parcel of land shall be changed from a R-3 District (Low Density Residential) to a Planned Unit Development (PUD) on the Official Zoning Map:

Commence at an iron pin at the southeast corner of Lot 4, Sunset Heights Subdivision, Plat Book 24, Page 123, Lee County, Alabama; thence run N 89°03’08” E 30.94’ to an iron pin and the POINT OF BEGINNING of the property herein to be described; from said POINT OF BEGINNING, thence run N 0°46’24” W 411.22’ to an iron pin on the southerly margin of Robert Trent Jones Trail; thence run S 89°52’50” E 416.32’ along said margin to an iron pin; thence leaving said margin, run S 0°55’22” E 407.65’ to an iron pin; thence run S 89°35’14” W 388.29’ to an iron pin; thence run N 89°50’10” W 29.05’ to an iron pin and the original POINT OF BEGINNING.

The above-described property is located in Section 27 and 24, T-20-N, R-26-E, in the City of Opelika, Lee County, Alabama, contains 3.92 acres, more or less, and is subject to all easements of record.

Section 3.  APPROVAL OF AMENDED DEVELOPMENT PLAN.  The amended Development Plan as submitted for review is hereby approved and confirmed as required by Section 8.1 8(n) of the Zoning Ordinance of the City.

Section 4.  RETENTION OF COPIES OF THE DEVELOPMENT PLAN. Copies of the amended Development Plan shall be maintained in the office of the City Clerk, City Planner, City Engineer, and Building Official and shall be open for public inspection.

Section 5. REPEALER. That any ordinance or part thereof in conflict with the provisions of this Ordinance be and the same are hereby repealed.

Section 6. EFFECTIVE DATE. This Ordinance shall become effective upon its adoption, approval and publication as required by law.

Section 7. PUBLICATION. This Ordinance shall be published one (1) time in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.

All interested persons are invited to attend the public hearing and be heard. Written comments concerning the above matter may be mailed to the City Clerk at P.O. Box 390, Opelika, AL 36803 at any time prior to the public hearing and may be further submitted to the City Council at the meeting and the public hearing.

Please contact Kevin Rice, the City’s ADA Coordinator, at 334-705-2083 two (2) working days prior to the meeting if you require special accommodations due to any disability.

WITNESS my hand this the 10th day of June, 2021.

/s/             Russell A. Jones

CITY CLERK OF THE CITY OF OPELIKA, ALABAMA

Legal Run 06/10/2021

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In The Probate County of Lee County Alabama

In Re: The Estate of David E. Weir, a/k/a David Eugene Weir, Deceased

TAKE NOTICE that Letters Testamentary having been granted to: Deborah J. Gallion, as Executrix of the Estate of: David E. Weir, a/k/a Da vid Eugene Weir, Deceased on the 28th day Of May, 202 1 , by the Honorable Bill English.

NOTICE IS HEREBY GIVEN that all persons having claims against the said Estate are hereby required to present the same with in the time allowed by law of the same will be barred.

Executrix of the Estate of David E. Weir, a/k/a David Eugene Weir, deceased.

John F. Hitchcock – Attorney at Law

P.O . Box 729

Smiths Station, AL 36877 (334)214-4600

Legal Run 06/10/21, 06/17/21 & 06/24/21

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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

IN RE:THE ESTATE OF GLADYS M. GREGORY,DECEASED.                                                                                      *

TAKE NOTICE that Letters Testamentary having been granted to Sharon Gregory Hinz, a/k/a Sharon Gregory Hines, as Executrix of the Estate of Gladys M. Gregory, deceased, on the 3rd day of June, 2021, by the Honorable Bill English.

NOTICE IS HEREBY GIVEN that all persons having claims against the Estate are hereby required to present the same within the time allowed by law or the same be barred.

Sharon Gregory Hinz, a/k/a Sharon Gregory Hines,

Executrix Of the Estate of Gladys M. Gregory, Deceased

Marrell J. McNeal, Attorney at Law, PC

PO Box 308

Opelika, AL 36803

334-745-7033

Legal Run 06/10/21, 06/17/21 & 06/24/21

FORM OF ADVERTISEMENT FOR COMPLETION

LEGAL NOTICE

In accordance with Chapter 1, Title 39, Code of Alabama, 1975, notice is hereby given that Whatley Construction, LLC Contractor, has completed the Contract for (Construction) (Renovation) (Alteration) (Equipment) (Improvement) of Renovation of Covington Recreation Center at 213 Carver Ave., Opelika, AL 36801 for the State of Alabama and the (County) (City) City of Opelika, Owner(s), and have made request for final settlement of said Contract. All persons having any claim for labor, materials, or otherwise in connection with this project should immediately notify Lathan Associates Architects, P.C. 300 Chase Park South, Suite 200, Hoover, Alabama, 35244.

Whatley Construction

(Contractor)

Post Office Box 137

Opelika, AL 36803-0137

(Business Address)

NOTE:This notice must be run once a week for four successive weeks for projects exceeding $50,000.00, for projects of less than $50,000.00, run one time only. Proof of publication is required.

Legal Run 05/20/21, 05/27/21, 06/03/21 & 06/10/21

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FORM OF ADVERTISEMENT FOR COMPLETION

LEGAL NOTICE

In accordance with Chapter I, Title 39, Code of Alabama, 1975, notice is hereby given that Whatley Construction LLC, Contractor, has completed the Contract for Auburn University- Leach Science Center- Butler Building Addition New HVAC System & Fire Alarm System- AU Project # 19-189, located at 380 Duncan Drive, Auburn, AL 36849 for the Auburn University Facilities Management, owner, and have made request for final settlement of said Contract. All persons having any claim for labor, materials or otherwise in connection with this project should immediately notify HHB Engineers, P.C., 104 Josie Run, Prattville, AL 36066.

Whatley Construction LLC

Post Office Box 137

Opelika, Alabama 36803-0137

Legal Run 05/20/21, 05/27/21, 06/03/21 & 06/10/21

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IN THE MATTER OF THE ESTATE OF JANET CLANTON SMITH, DECEASED

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

CASE NO. 2021-270

NOTICE TO CREDITORS OF ESTATE

Letters of Administration on the Estate of said decedent having been granted to the undersigned on the 18th day of May, 2021, by the Honorable Bill English, Judge of Probate of said county in said State, notice is hereby given that all persons having claims against said estate are required to present the same within the time allowed by law or the same will be barred.

Erin Elizabeth Smith, Administrator of the Estate of Janet Clanton Smith, Deceased

Legal Run 05/27/21, 06/03/21 & 06/10/21

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NOTICE TO CREDITORS

ESTATE OF MALCOM FRED SIMS, Deceased

PROBATE COURT LEE COUNTY

CASE NO. 2021-297

NOTICE TO CREDITORS

Take Notice that LETTERS TESTAMENTARY of the Estate of MALCOM FRED SIMS are hereby granted to Susan Gladys Sims on the 19th day of May, 2021, by the Honorable Bill English, Judge of the Probate Court of Lee County, Alabama.

Notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.

Legal Run 05/27/21, 06/03/21 & 06/10/21

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STATE OF ALABAMA

COUNTY OF LEE

TO: Gregory Smith and Harold T. Smith, whose whereabouts are otherwise unknown, and any known or unknown heirs of the Esatte of Willie G. Smith, deceased.

You will please take notice that on the 12th day of March, 2021 a certain paper in writing purported to be the Last Will and Testament of Willie G. Smith was filed in my office for Probate by Kenneth Roger Black and that the 24th day June, 2021 @ 10:00 a.m., CDT was appointed the day and time for the hearing thereof, at which time you can appear and contest the same, if you see proper.

Given under my hand, this the 19th day of May, 2021.

BILL ENGLISH, Judge of Probate

Legal Run 05/27/21, 06/03/21 & 06/10/21

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IN RE THE ESTATE OF:

LUCILE WALLIS ARMSTRONG, a/ k/ a Mittie Lucile Wallis Armstrong, Deceased.

IN THE PROBATE COURT OF LEE OF LEE COUNTY, ALABAMA

CASE NO.  2021-302

NOTICE OF APPOINTMENT

LETTERS TESTAMENTARY of said deceased having been granted to the undersigned on the 20th day of May, 2021, by Hon. Bill English, Judge of Probate Court of Lee County, Alabama, notice is hereby given that all persons having claims against said estate are here by required to present the same within the time allowed by law or the same will be barred.

BARBARA A. RENIE

Executrix

Legal Drive 05/27/2021, 06/03/2021 & 06/10/2021

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STATE OF ALABAMA

COUNTY OF LEE

To: Mrs. Charles Black, Mrs. Betty Bowman and Lowell Freeman, whose whereabouts are otherwise unknown, and any other known or unknown heirs of the Estate of Walter Leroy Bowman, deceased.

You will please take notice that on the 19th day of May, 2021 a certain paper in writing, purported to be the Last Will and Testament of Walter Leroy Bowman was filed in my office for Probate by Edward Earl Thomas, II and that the 24th day of June, 2021 @ 11:00 a.m., CDT was appointed the day and time for the hearing thereof, at which time you can appear and contest the same, if you see proper.

Given my hand, this the 19th day of May, 2021.

BILL ENGLISH, Judge of Probate

Legal Run 05/27/2021, 06/03/2021 & 06/10/2021

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