Tatum v. Tatum
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. John G. Winter. ■ The bill in this case was filed by Heywood Tatum, who was a donee of the power of selection and appointment of a certain interest under the will of his father, Berry Tatum, Sr., and who, in the exercise of such power, selected the two minor children of Berry Tatum, Jr., as the beneficiaries thereof, and executed directly to them a deed settling the interest upon them.
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Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. John G. Winter. ■ The bill in this case was filed by Heywood Tatum, who was a donee of the power of selection and appointment of a certain interest under the will of his father, Berry Tatum, Sr., and who, in the exercise of such power, selected the two minor children of Berry Tatum, Jr., as the beneficiaries thereof, and executed directly to them a deed settling the interest upon them. The prayer of the bill was that the settlement previously made by the complainant, as said trustee, upon the children of Berry Tatum,…
1Opinion of the CourtColeman, J.
The will of Berry Tatum, Sr., contains the following provision: “Item 4. The restand residue of my estate I direct shall be divided into five parts, one part to my son Heywood Tatum for himself, and one part to my sen Pleywood in trust to have and to hold and manage and apply to the uses and benefit of the family of his brother, Berry Tatum, as long as my said son, Heywood, shall live or desire and be willing to discharge this trust; and whenever he desires, he can make such statements or settlements for the interest and benefit of his said brother's family or children, or any member or…
2Cited by12 opinions
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Depue v. MillerWest Virginia Supreme Court · 1909
- Crowson v. CodySupreme Court of Alabama · 1926
- Howell v. HowellSupreme Court of Alabama · 1911
- Coleman v. ButtSupreme Court of Alabama · 1900
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