Bailey v. Brannon

JONES, Justice.

This appeal comes to us from the Circuit Court of Tuscaloosa County to decide the following issue: Did the devise in question create an absolutely vested interest or was it a vested interest subject to an executory limitation and hence capable of being divested? We hold, in affirming the trial Court, that the latter was created.

Mark Andrew Henderson, a University of Alabama student, died intestate on July 20, 1969, at the age of nineteen. He was the only issue to be born from the marriage of Louise Jennett Henderson and Lawrence A. Henderson, though each did have children from…