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GOTLIEB v. KLOTZMAN

77-630.

369 So.2d 798 (1979)

Rosalie GOTLIEB and Ralph Blach, III v. Abe KLOTZMAN, as Trustee Under the Last Wills and Testaments of Rosa Klotzman Fabian and Isaac Louis Fabian, respectively.

Supreme Court of Alabama.

April 20, 1979.

Attorney(s) appearing for the Case

James A. Harris, Jr. and Thomas H. Brown, of Sirote, Permutt, Friend, Friedman, Held & Apolinsky, Birmingham, for appellants.

Edward O. Conerly, Birmingham, for appellees, Cathy and Robert Blach.

MADDOX, Justice.

This appeal lies from an action to determine if the term "descendants" as used in the testamentary trust created by the wills of Isaac and Rosa Fabian includes the two adopted children of their nephew, Ivan Blach. The trial court ruled that "descendants" or "surviving descendants" as used in the testamentary trusts did include the adopted children, Cathy and Robert, and concluded that the adopted children were entitled to one-half of the trust estate...

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