HARDIN v. McPHEARSON

88-1449.

569 So.2d 319 (1990)

Jane McPhearson HARDIN, et al. v. Mary McPHEARSON, individually and as co-trustee under the last will and testament of John L. McPhearson, deceased, et al.

Supreme Court of Alabama.

Rehearing Denied September 28, 1990.


Attorney(s) appearing for the Case

Irvin J. Langford of Howell, Johnston, Langford & Watters, Mobile, for appellants.

Gaines C. McCorquodale and Jacqualyn M. Sheffield of McCorquodale and McCorquodale, Jackson, for appellees.


ADAMS, Justice.

Mary McPhearson filed a declaratory judgment action to determine whether the proceeds from a timber sales contract that had been paid into a trust created by John Lewis McPhearson, Mary's deceased husband, were income or became part of the corpus of the trust. The trial court held that the proceeds were income and entered a judgment so declaring. We reverse that judgment and remand the cause.

Rosa McPhearson had several children, one of whom...

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