TOOLEN v. AMOS

6 Div. 571.

67 So.2d 8 (1953)

TOOLEN v. AMOS.

Supreme Court of Alabama.

August 6, 1953.


Attorney(s) appearing for the Case

Smyer & Smyer, Birmingham, for appellant.

Wm. S. Pritchard, Victor H. Smith and Pritchard, McCall & Jones, all of Birmingham, for appellee.


MERRILL, Justice.

The estate of Mr. Charles E. Roy, who died in 1906, consists chiefly of real estate which is income producing property. By the terms of Mr. Roy's will, his daughter, Mrs. Mabel Roy Amos, appellee here, is entitled to the net income from said estate. The Bishop of Mobile, a corporation sole, appellant here, has a substantial remainder interest in the estate.

In 1934, Mrs. Amos, as trustee, filed her petition against her cotrustee, Bishop Toolen...

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