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SHACKELFORD v. BROWN

77-296.

361 So.2d 552 (1978)

Stella Cook Cutrer SHACKELFORD et al. v. E. Houston BROWN et al.

Supreme Court of Alabama.

August 18, 1978.

Attorney(s) appearing for the Case

James M. Tingle, Birmingham, for appellants, Stella Cook Cutrer Shackelford and John Andrew Shackelford, minors.

Lucien D. Gardner, Jr. and E. T. Brown, Jr., Birmingham, for appellees, E. Houston Brown and The First Nat. Bank of Birmingham as Trustees of the Trust Under Subparagraph (f) of Item XIV of the Will of Robert Randolph Meyer, deceased.

J. Michael Rediker, Birmingham, of Ritchie, Rediker & Warren, Birmingham, and Meade Whitaker, Washington, D. C, of Hemmendinger, Whitaker & Kennedy, Washington, D. C., for appellees, Jane Cutrer Meyer, Nancy Cook Meyer and Stella Gregg Meyer.

EMBRY, Justice.

The issue on this appeal is the proper construction of a provision in a testamentary trust in the will of Robert Randolph Meyer, deceased. The trust was established primarily for the benefit of the testator's only son, John E. Meyer. It was terminated on 1 January 1977 by the death of John E. Meyer, who was survived by his three children and two grandchildren. The corpus of the trust was to be distributed according to the following provision:

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