GREIL MEMORIAL HOSPITAL v. FIRST ALA. BANK

79-317, 79-363.

387 So.2d 778 (1980)

GREIL MEMORIAL HOSPITAL v. FIRST ALABAMA BANK OF MONTGOMERY, N. A., and John B. Nicrosi, as Executors of the Estate of Jule R. Brightwell, Deceased, et al. John B. NICROSI, Individually and as Co-Executor of the Will of Jule R. Brightwell, Deceased, and Margaret R. Nicrosi v. FIRST ALABAMA BANK OF MONTGOMERY, N. A., as Executor of the Estate of Jule R. Brightwell, Deceased, et al.

Supreme Court of Alabama.

Rehearing Denied September 12, 1980.


Attorney(s) appearing for the Case

Sterling G. Culpepper, Jr. and Charles M. Crook of Smith, Bowman, Thagard, Crook & Culpepper, Montgomery, for appellant Greil Memorial Hospital.

Robert B. Stewart and Joel F. Dubina of Jones, Murray, Stewart & Yarbrough, Montgomery, for appellants John B. Nicrosi and Margaret R. Nicrosi.

Joel F. Dubina and Robert B. Stewart of Jones, Murray, Stewart & Yarbrough, Montgomery, for appellees John B. Nicrosi and Margaret R. Nicrosi.

Jack Crenshaw, Montgomery, for appellee Presbyterian Home For Children.

Thomas B. Hill, Jr. of Hill, Hill, Carter, Franco, Cole & Black, Montgomery, for appellee First Alabama Bank of Montgomery, N. A., as Executor of the Estate and under the Will of Jule R. Brightwell, Deceased.

Joe Espy, III of Melton & Espy, Montgomery, for appellee Brantwood-The Children's Home, Formerly The Children's Protective Association.

John N. Albritton of Rushton, Stakely, Johnston & Garrett, Montgomery, for appellee Working Women's Home, Montgomery, Alabama, as Beneficiary Under the Will of Jule R. Brightwell, Deceased.


JONES, Justice.

These consolidated cases involve the interpretation of a will. Mrs. Jule Brightwell's will, dated December 5, 1962, makes several substantial specific bequests to charitable organizations, including Montgomery Tuberculosis Sanitorium, which was reincorporated in 1973 as Greil Memorial Hospital.1 The trial Court held that the change of identity and purpose of the named beneficiary caused this legacy to lapse and that the...

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