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ZIMMERMAN v. FIRST NAT. BANK OF BIRMINGHAM

SC 1987, SC 1987-X, SC 1988, SC 1988-X.

348 So.2d 1359 (1977)

Bonnie Gale ZIMMERMAN, a minor, and Miles Raymond Zimmerman, Jr., a minor, et al. v. The FIRST NATIONAL BANK OF BIRMINGHAM, as Trustee Under the Will of Hattie Lee Guess Matthews, Deceased. The FIRST NATIONAL BANK OF BIRMINGHAM, as Trustee Under the Will of Hattie Lee Guess Matthews, Deceased v. The FIRST NATIONAL BANK OF BIRMINGHAM, as Executor Under the Will of Harriet Matthews Zimmerman, et al. Bonnie Gale ZIMMERMAN, a minor, and Miles Raymond Zimmerman, Jr., a minor, et al. v. The FIRST NATIONAL BANK OF BIRMINGHAM, as Trustee Under the Will of Hubert W. Matthews, Deceased. The FIRST NATIONAL BANK OF BIRMINGHAM, as Trustee Under the Will of Hubert W. Matthews, Deceased v. The FIRST NATIONAL BANK OF BIRMINGHAM, as Executor Under the Will of Harriet Matthews Zimmerman, et al.

Supreme Court of Alabama.

May 27, 1977.

Attorney(s) appearing for the Case

Michael F. Bolin, Birmingham, for Unknown Heirs and/or Unknown Parties in Interest.

Frank Dominick, Birmingham, for FNB as Executor under Will of Harriet Matthews Zimmerman.

Johnathan E. Lyerly, W. A. Jenkins, Jr., Birmingham, for Miles Raymond Zimmerman, individually and as guardian for Bonnie Gale and Miles R. Zimmerman, Jr., minors.

Rodney E. Nolen, Birmingham, guardian ad litem for Bonnie Gale Zimmerman, a minor and Miles R. Zimmerman, Jr., a minor.

Erle Pettus, Jr., Birmingham, for appellee and cross appellant FNB, as Trustee under Wills of Hattie Lee Guess Matthews and Hubert W. Matthews, deceased.

Jack B. Porterfield, Jr., Birmingham, for Wm. Hutchins Cole, Jr. and Hubert Matthews Cole.

John T. Natter, Birmingham, guardian ad litem for Wm. Hutchins Cole, III and all yet unborn children of Wm. Hutchins Cole, Jr.

Walter L. Mims, Birmingham, for Harriet Lee Cole Wiltsie.

Harold D. Rice, Jr., Birmingham, for Donna Lee Wiltsie and George Arthur Wiltsie, Jr.

BLOODWORTH, Justice.

This is an appeal from a judgment in consolidated actions for the construction of the wills of Hubert W. Matthews ("Testator") and his wife Hattie Lee Guess Matthews ("Testatrix"). We affirm in part and reverse in part and remand.

There are three issues which we answer as follows:

I. Was the trial court correct in holding that ITEM THREE of each will does not violate the Rule Against Perpetuities? Yes.

II. Was the trial...

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