PERDUE v. ROBERTS

SC 975.

314 So.2d 280 (1975)

Flora Lee PERDUE v. John Henry ROBERTS, Jr., et al.

Supreme Court of Alabama.

June 5, 1975.


Attorney(s) appearing for the Case

Richard H. Gill, Montgomery, for appellant.

L. Y. Sadler, Jr., Camden, for John Henry Roberts, Jr.


JONES, Justice.

Although arising in the context of a sale for division, the issue presented by this appeal calls into question the trial Court's construction of a will.

At the time of his death in 1950, E. B. Perdue owned in Wilcox County a 360-acre farm and an undivided ½ interest in an adjoining tract of 393 acres. His brother, C. C. Perdue, owned the other undivided ½ interest in the 393 acres. When C. C. Perdue died, his undivided ½ interest...

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