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TIERCE v. MACEDONIA UNITED METHODIST CH.

86-1003.

519 So.2d 451 (1987)

Don TIERCE and Festus Tierce v. MACEDONIA UNITED METHODIST CHURCH OF NORTHPORT, et al.

Supreme Court of Alabama.

December 11, 1987.

Attorney(s) appearing for the Case

J. Paul Whitehurst of Whitehurst & Whitehurst, Tuscaloosa, for appellants.

Gordon Rosen of Rosen, Harwood, Cook & Sledge, Tuscaloosa, for appellees.

HOUSTON, Justice.

This declaratory judgment action was commenced by several plaintiffs, among them the Macedonia United Methodist Church of Northport (the "Church"), who sought the construction of the will of Octavia Hagler and of certain mortgages that she had accepted prior to her death, which occurred on April 6, 1983. The Church contended in its complaint that the will and the mortgages in question established a trust or trusts of the mortgage proceeds in its...

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