Henslee v. Merritt

GOODWYN, Justice.

This is an appeal from a final decree of the circuit court of Cullman County, in equity, establishing a resulting trust in forty acres of farm land in favor of the appellee, Lola Henslee.

The appellants are devisees under the will of J. C. Henslee, who died in Cullman County on February 29, 1949. They filed a bill to have the land sold for division among the devisees, subject to the provisions of the will.

Lola Henslee, the testator’s widow and also a devisee under the will, elected to dissent from the will. She was made a respondent to the bill filed by appellants. She…