Shaffer v. Reed

This is the second time this case has been before this Court. In Shaffer v. Reed, 437 So.2d 98 (Ala. 1983), hereinafter referred to as Shaffer I, this Court held that options, given under a will, allowing specific legatees to purchase bank stock violated the rule against perpetuities. The legal effect ofShaffer I was that the bank stock became a part of the residuary estate.

The issue on this second appeal, hereinafter designated asShaffer II, is whether the trial court erred in allowing restitution in favor of Hugh Reed, Jr., as a specific legatee, without first reviewing allegations of…