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TUMLIN v. TROY BANK & TRUST CO.

4 Div. 538.

61 So.2d 817 (1952)

TUMLIN et al. v. TROY BANK & TRUST CO. et al.

Supreme Court of Alabama.

As Modified on Denial of Rehearing December 18, 1952.

Attorney(s) appearing for the Case

Oliver W. Brantley, Troy, Files Crenshaw and B. P. Crum, Montgomery, Alto V. Lee, III, Dothan, and Chas. A. Ball, Steiner, Crum & Weil and Ball & Ball, Montgomery, and John W. Lapsley, Selma, for appellants.

Marion Rushton, Montgomery, and J. H. Wilkerson, Troy, for appellee Bank.

A. A. Carmichael, Atty. Gen., pro se.

Henry Upson Sims and William H. Brantley, Jr., Birmingham, amicus curiae.

FOSTER, Justice.

This is the second appeal in this case (see, Henderson v. Troy Bank & Trust Co., 250 Ala. 456, 34 So.2d 835). The same legal questions are presented and argued. The changes made in the allegations of the bill do not alter the result or control in the consideration of the legal questions.

The provisions of the will and the contentions of complainants are set out on former appeal, to which reference is here made, and they will not be repeated...

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