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HENDERSON v. KNOWLTON

81-780.

431 So.2d 1219 (1983)

Beatrice Knowlton HENDERSON v. Terrance KNOWLTON, Rexford A.J. Knowlton, Morgan H.C. Knowlton, Marguerite Nellums, and Alois Groeger.

Supreme Court of Alabama.

April 29, 1983.

Attorney(s) appearing for the Case

Norborne C. Stone, Jr. of Stone, Partin, Granade & Crosby, Bay Minette, for appellant.

Claude E. Bankester of Wilkins, Bankester & Biles, Bay Minette, for appellees Terrance L. Knowlton, Rexford A.J. Knowlton, Morgan H.C. Knowlton & Alois Groeger.

James R. Owen and David A. Simon of Owen & Ball, Bay Minette, for appellee Marguerite Nellums.

ALMON, Justice.

This case requires the construction of a will. The question is whether a devise of a remainder to a named son and daughter or their remaining issue constituted a class gift. The trial court found that the devise to the deceased childless brother failed, and ordered that the interest in question pass as in intestacy. We affirm.

Morgan H. Knowlton departed this life on July 8, 1946, leaving a last will and testament which was duly probated in...

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