First Nat. Bank of Mobile v. Wefel

FOSTER, Justice.

The question in this case is whether the principle of tree farming is to be given effect in ascertaining income payable to a beneficiary of the income 'from land for life or for years under circumstances which do not justify waste pending the existence of such rights.

The land consisted of 10,559 acres-bought, by the testator with other lands, about 1902 at $1 per acre. He was said to-be a pioneer tree farmer, and sold off all the land which he considered unsuitable for tree farming and all that he considered suitable for ordinary farming. It was cut-over land. Testator died in…