Toolen v. Amos

MERRILL, Justice.

The estate of Mr. Charles E. Roy, who' died in 1906, consists chiefly of real estate which is income producing property. By the terms of Mr. Roy’s will, his daughter, Mrs. Mabel Roy Amos, appellee here, is. entitled to the net income from said estate. The Bishop of Mobile, a corporation sole, appellant here, has a substantial remainder interest in the estate.

In 1934, Mrs. Amos, as trustee, filed her petition against her cotrustee, Bishop Too'len, for a construction of Mr. Roy’s will, and all the beneficiaries under the will were made parties. On January 29, 1938, Judge J. F.…