# Tumlin v. Troy Bank & Trust Co.

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

URL: https://www.frixlaw.com/law-library/cases/9670579

## 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:** On rehearing
- **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/9670579

## How later opinions describe it (automated extraction)

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

## Opinion text

On Rehearing.
PER CURIAM.
The judgment heretofore rendered is modified so that all the costs which have accrued in this case be taxed against Troy Bank & Trust Company, as trustee.
All the Justices, except GOODWYN, J., not sitting, agree to' such modification.
As modified, the application for rehearing is overruled.
LIVINGSTON, C. J., and FOSTER, LAWSON and STAKELY, JJ., concur.
BROWN and SIMPSON, JJ., dissent and think the rehearing should be granted.
LAWSON, J., expresses his reasons for concurring in the result as follows:

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9670579. Public record. Not legal advice.