# Tumlin v. Troy Bank & Trust Co.

> Supreme Court of Alabama · December 18, 1952 · 258 Ala. 238

URL: https://www.frixlaw.com/law-library/cases/9670576

## Case

- **Full name:** TUMLIN Et Al. v. TROY BANK & TRUST CO. Et Al.
- **Court:** Supreme Court of Alabama
- **Decided:** December 18, 1952
- **Citations:** 258 Ala. 238; 61 So. 2d 817; 1952 Ala. LEXIS 78
- **Precedential status:** Published
- **Opinion:** Concurrence by Lawson
- **Judges:** Stakely, Livingston, Lawson, Brown, Simpson, Goodwyn, Foster
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9670576

## How later opinions describe it (automated extraction)

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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9670576. Public record. Not legal advice.