Curlee v. Wadsworth

MERRILL, Justice.

This appeal is from a decree sustaining a demurrer to a bill of complaint. The appeal was taken prior to September 15, 1961, the approval date of the act abolishing such appeals.

The bill sought a construction of Item 2 of the will of M. S. Wadsworth, which was probated in Autauga County in 1912. The trial court sustained the demurrer on the ground that the provisions of Item 2 violated the Alabama rule against perpetuities, as that rule existed in 1912, in so far as appellant was concerned.

The statute then in effect was § 3417, Code 1907, which provided :

“Lands may be…