BAXLEY v. BIRMINGHAM TRUST NAT'L BANK

SC 1217, SC 1218.

334 So.2d 848 (1976)

William J. BAXLEY, etc. v. BIRMINGHAM TRUST NATIONAL BANK et al. (two cases).

Supreme Court of Alabama.

July 9, 1976.


Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., and James S. Ward, Asst. Atty. Gen., for appellants.

Drayton T. Scott and Kirby Sevier, Birmingham, for The American Bible Society.

Gilbert E. Johnston, Sydney Lavender and John D. Quenelle, Birmingham, for Alfred Swedlaw, Administrator ad litem of the Estate of W. L. Allan, deceased.


BLOODWORTH, Justice.

The Attorney General of Alabama, The Honorable William J. Baxley, as the representative of the unknown beneficiaries of a public trust, appeals from a judgment that the allegedly public trust here in question was never effectively created and that, therefore, a bequest left to that trust under the will of Mrs. Elmorene B. Allan must fail.

Mrs. Allan's husband predeceased her by a little more than a year. Under the terms of his will, Mrs...

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