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Legal Opinion

First Nat. Bank v. Cash

Supreme Court of Alabama

Decided November 7, 1929No. 7 Div. 878PublishedCited by 14 opinions

1Opinion of the CourtThomas, J.

The court granted relief to complainants, canceled the mortgages as a cloud upon the title to real property of the trustees, and denied the relief prayed for in the cross-bill.

There is no dispute in the testimony. The decision rests on the construction given the last will of J. O. McCullars, deceased.

The general rule of vested or contingent legacy in this jurisdiction is thus stated in Bingham v. Sumner, 206 Ala. 267, 273, 89 So. 479, 485: “It is established that, where a future time for the payment of a legacy is defined by a will, a legacy is vested or contingent according as it appears…

2Cases cited65 opinions

  1. Craig v. LeslieSupreme Court of the United States · 1818
  2. Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
  3. Croxall v. ShererdSupreme Court of the United States · 1867
  4. Ford v. FordWisconsin Supreme Court · 1887
  5. Pearce v. PearceSupreme Court of Alabama · 1917

60 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. George v. WidemireSupreme Court of Alabama · 1942
  2. Wright v. City of TuscaloosaSupreme Court of Alabama · 1938
  3. Watters v. First Nat. Bank of MobileSupreme Court of Alabama · 1936
  4. Powell v. PearsonSupreme Court of Alabama · 1929
  5. Allen v. MaxwellSupreme Court of Alabama · 1947

9 more not listed; retrieve them via the Exa API.

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