KING v. WILLIAM M. KING FAMILY ENT., INC.

85-294, 85-314.

515 So.2d 1241 (1987)

James Wiley Clinton KING v. WILLIAM M. KING FAMILY ENTERPRISES, INC. Rosa Lee KING v. WILLIAM M. KING FAMILY ENTERPRISES, INC.

Supreme Court of Alabama.

October 2, 1987.


Attorney(s) appearing for the Case

James T. Upchurch III of Rushton, Stakely, Johnston & Garrett, Montgomery, for appellant James Wiley C. King.

Woodley C. Campbell, Montgomery, for appellant Rosa Lee King.

H. Lewis Gillis of Gillis & Nesbitt, Montgomery, and Henry Sanders, Selma, for appellee.


ALMON, Justice.

This suit for partition or sale for division requires the construction of a will. One area of contention regards the nature of the interests held by the children of the testator following the life estate in the testator's widow—whether they were contingent remainders or executory devises— and whether the interests of the children who predeceased the widow survived to their issue. The other area of contention is whether the holders of...

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