Legal Opinion
Clarke v. Clarke
Supreme Court of Alabama
Decided October 5, 1944No. 6 Div. 212PublishedCited by 9 opinions
1Opinion of the Court
SIMPSON, Justice.
A proper construction of Item 3 of the will of Susie M. Carter gives rise to this appeal.
Item 3, seeking to establish a spendthrift trust for the benefit of the testator’s son Basil M. Clarke (unmarried when the will was executed) and his family, should he have a family, vested the legal title of certain real estate in the First National Bank of Birmingham as trustee, with provision, first, that: “The Trustee shall
pay to or for the benefit of my son, Basil M. Clarke, during his life, all of the net income from the trust property.” This provision is then qualified by a…
2Cases cited8 opinions
- Hoglan v. MooreSupreme Court of Alabama · 1929
- Jones v. ReeseSupreme Court of Alabama · 1880
- Rugely v. RobinsonSupreme Court of Alabama · 1846
- First Nat. Bank of Birmingham v. BashamSupreme Court of Alabama · 1939
- McDonald v. McDonaldSupreme Court of Alabama · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ewing v. First Nat. Bank of AtlantaSupreme Court of Georgia · 1953
- Troy Bank & Trust Company v. BrantleySupreme Court of Alabama · 1955
- Ingalls v. IngallsSupreme Court of Alabama · 1951
- Peach v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1946
- Peach v. DrennenSupreme Court of Alabama · 1950
4 more not listed; retrieve them via the Exa API.