Windham v. Henderson

MADDOX, Justice.

This case involves the construction of the last will and testament of J.B. Byrd, a banker in Enterprise, Alabama, who died in 1950. The plaintiffs, 15 nieces and nephews of Mr. Byrd, appeal from a summary judgment entered in favor of the defendant, J.W. Henderson, who is the executor of the estate of Mildred Byrd Greene, J.B. Byrd’s last surviving child. We affirm in part and reverse in part.

At the time of his death on July 6, 1950, J.B. Byrd was survived by his two daughters, Mildred and Pauline, and five brothers and sisters. J.B.’s will, which was duly executed and…