Bibb v. Bibb
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Bill by B. S. Bibb, trustee under the will of W. J. Bibb, against B. S. Bibb, Jr., and others, to construe the will of W. J. Bibb, in so far as it relates to certain real property devised to complainant in trust for the use of complainant’s heirs, and seeks a sale of the property for the purpose of reinvestment. Prom the decree rendered, complainant appeals.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Bill by B. S. Bibb, trustee under the will of W. J. Bibb, against B. S. Bibb, Jr., and others, to construe the will of W. J. Bibb, in so far as it relates to certain real property devised to complainant in trust for the use of complainant’s heirs, and seeks a sale of the property for the purpose of reinvestment. Prom the decree rendered, complainant appeals. The property in question is No. 222 South McDonough street, situated on the corner of Alabama and South McDonough streets, in the city of Montgomery, Ala., which by item of…
1Opinion of the CourtSomerville, J.
[1,2] We are satisfied from a reading of the will of W. J. Bibb, in the light of the admitted facts, that the testator intended to vest his property in B. S. Bibb, Sr., as trustee, to be held during the trustee’s lifetime for the use of his children as a class, whether the class should be enlarged by the birth of other children, or diminished by the death of any who were then living, and that, upon the death of the trustee, the estate should vest in fee simple in • his children or grandchildren, born of his second wife, who by survival then became his legal heirs.
We discover nothing in the…
2Cases cited9 opinions
- Duncan v. De YampertSupreme Court of Alabama · 1913
- Gindrat v. Western RailwaySupreme Court of Alabama · 1892
- Castleberry v. StringerSupreme Court of Alabama · 1912
- Richards v. East Tennessee, Virginia & Georgia Railway Co.Supreme Court of Georgia · 1899
- Rutledge v. FishburneSupreme Court of South Carolina · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ussery v. DarrowSupreme Court of Alabama · 1939
- Powell v. PearsonSupreme Court of Alabama · 1929
- Street v. PittsSupreme Court of Alabama · 1939
- Morgan County Nat. Bank of Decatur v. NelsonSupreme Court of Alabama · 1943
- Elmore v. GalligherSupreme Court of Alabama · 1921
8 more not listed; retrieve them via the Exa API.