Haley v. Regions Bank

Carley, Justice.

W.B. Haley (Testator) executed his will in 1931, under which each of his seven children would receive an equal share of the estate as a “defeasible fee, subject to be divested, as to any one or more of them, by the death of such child without leaving lineal descendants surviving him or her.” Testator died in 1950 and the will was probated in solemn form. In 1964, his widow and his eldest son, Herbert Haley, as co-executors under the will, filed a petition for construction of the will. In that case, this Court held that the lineal descendants of the children never actually…