WILBUR v. CAMPBELL

8 Div. 214.

192 So.2d 721 (1966)

Belle Campbell WILBUR v. Lionel CAMPBELL et al.

Supreme Court of Alabama.

December 8, 1966.


Attorney(s) appearing for the Case

Robert Sellers Smith, Huntsville, Goodwyn & Smith, Montgomery, for appellant.

Cloud, Berry & Ables, Huntsville, for appellees.


GOODWYN, Justice.

The appellant, Belle Campbell Wilbur, filed a bill for a declaratory judgment seeking a construction of her husband's will as vesting in her a fee simple title to the farm land devised to her by Item Two of the will. The respondents demurred to the bill, challenging its equity on the ground that the will, attached to and made a part of the bill, shows that complainant's title to the property "constitutes a fee simple estate subject to a condition...

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