Thurlow v. Berry

BROWN, Justice.. This appeal is prosecuted by the complainants who filed the original bill from the final decree of thé circuit court, sitting in equity, construing the will of Harvey G. Woodward, deceased, who died in Birmingham, Alabama,-on the 18th day of November, 1930. .

The decree construes what the parties denominate the “backlog provision,” the major bases of the controversy between the parties, as administrative and directory— not mandatory — and subject to the doctrine of approximation, more appropriately the doctrine of equitable deviation; and directs the board of governors to…