BAILEY v. BRANNON

SC 546.

300 So.2d 344 (1974)

Margaret BAILEY and Henrietta Lamb v. Elizabeth Jennett BRANNON, as Administratrix of the Estate of Mark Andrew Henderson, Deceased, and Ben F. Jennett.

Supreme Court of Alabama.

September 12, 1974.


Attorney(s) appearing for the Case

George S. Brown, Birmingham, for appellants.

Roberts & Davidson and Dan M. Gibson, Tuscaloosa, for appellees.


JONES, Justice.

This appeal comes to us from the Circuit Court of Tuscaloosa County to decide the following issue: Did the devise in question create an absolutely vested interest or was it a vested interest subject to an executory limitation and hence capable of being divested? We hold, in affirming the trial Court, that the latter was created.

Mark Andrew Henderson, a University of Alabama student, died intestate on July 20, 1969, at the age of nineteen....

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