GOODMAN v. McMILLAN

3 Div. 629.

61 So.2d 55 (1952)

GOODMAN et al. v. McMILLAN et al.

Supreme Court of Alabama.

Rehearing Denied November 6, 1952.


Attorney(s) appearing for the Case

H. L. Anderton, Birmingham, for appellants.

Hugh M. Caffey, and McMillan, Caffey & McMillan, all of Brewton, for appellees.


SIMPSON, Justice.

The appeal challenges the construction placed by the trial court on two provisions of an irrevocable trust created by an instrument executed March 28, 1929, by the late D. W. McMillan, a wealthy physician of Pensacola, Florida.

The instrument provided that the administration of the trust should be transacted in a court of competent jurisdiction in Escambia County, Alabama. Ed. Leigh McMillan, attorney of Brewton, Alabama, and cousin of trustor...

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