Tilley v. Letcher
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. Bill by Claudia O. Letcher against Marion Letcher and others to construe a will of F. M. Letcher, deceased. John S. Tilley was appointed guardian for the minors, and from the decree construing the will he appeals.
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Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. Bill by Claudia O. Letcher against Marion Letcher and others to construe a will of F. M. Letcher, deceased. John S. Tilley was appointed guardian for the minors, and from the decree construing the will he appeals. Omitting immaterial parts, the will is as follows: Item 2. I give and bequeath to my stepdaughter, Annie C. Loveless, the sum of five hundred ($500.00) dollars, and direct my executor to pay said sum to the said Annie C. Loveless as soon after the termination of the life estate of Claudia C. Letcher created by the…
1Opinion of the CourtSomerville, J.
[1] Courts of equity adhere zealously to the maxim that 'trusts are not to be allowed to fail for want of a trustee. Blakeney v. Du Bose, 167 Ala. 627, 52 South. 746; Whitehead v. Whitehead, 142 Ala. 165, 37 South. 929; 2 Perry on Trusts, §§ 510, 513.
[2, 3] The learned trial court was in error in holding that the death of the trustee, J. T. Letcher, terminated the trust estates created by items 4 and 5 of the will, and defeated the remainders attached thereto. The personal and discretionary powers, of the trustee, founded in confidence and trust, will not pass to a substituted trustee; but…
2Cases cited8 opinions
- Blakeney v. DuboseSupreme Court of Alabama · 1910
- Hinson v. WilliamsonSupreme Court of Alabama · 1883
- King v. KingSupreme Court of Alabama · 1878
- Whitaker v. McDowellSupreme Court of Connecticut · 1909
- Edwards v. EdwardsSupreme Court of Alabama · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Silverstein v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1936
- Compton v. CookSupreme Court of Alabama · 1953
- State Ex Rel. Carmichael v. BibbSupreme Court of Alabama · 1937
- Ray v. FarrowSupreme Court of Alabama · 1924
7 more not listed; retrieve them via the Exa API.