Opinion

Tumlin v. Troy Bank & Trust Co.

  • 258 Ala. 238
  • 61 So. 2d 817
  • 1952 Ala. LEXIS 78
Court
Supreme Court of Alabama
Filed
Dec 18, 1952
Status
Published
Author
Lawson
On the bench
Stakely, Livingston, Lawson, Brown, Simpson, Goodwyn, Foster
Cited by
11 cases
Authority
More cited than 8.0%

applying approximation to a charitable trust to avoid rules against accumulation and perpetuities

How later courts described this case

  • applying approximation to a charitable trust to avoid rules against accumulation and perpetuities

Written by the judges who cited it.

The opinion

LAWSON, Justice

(concurring specialty)-

I am of the opinion that the trust provisions of the will of former Governor Henderson, here under consideration, do not violate the rule against perpetuities or the Alabama statute which places a restriction upon trusts for accumulation only. § 146, Title 47, Code -1940. I, therefore, concur in the conclusion reached in the opinion of Mr. Justice Foster to that extent, on the authority of the opinion of this court in the case of Henderson et al. v. Troy Bank & Trust Co. et al., 250 Ala. 456 , 34 So.2d 835 . I also concur in the conclusion reached by Mr. Justice Foster that the said trust provisions do not violate the principle applicable to accumulations as it existed at common law.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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