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258 Ala. 81

Ramage v. Ramage

Supreme Court of Alabama

Decided August 27, 1952

Supreme Court of Alabama · decided 1952-08-27

Good law ✅— No negative treatment on recordhow we know

Decided 1952-08-27

How this case has been cited

Cited by 5 later decisions — most recently April 1993

5 state decisions

2019521960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1On Application for Rehearing

SIMPSON, Justice.

¶2We are asked to extend the opinion to declare whether, in exercising its discretion under Paragraph 11 of the will, the trustee would be limited to payment to Mrs. *86Ramage of such sum as would be reasonable for her “support, comfort and convenience, wants, wishes and desires, etc., not exceeding $500,” taking into consideration her income from other sources; or stated another way, after determining what constitutes a liberal amount for her support, etc., is the trustee required to deduct therefrom her independent income and merely pay her the difference? We do not think the will is subject to such a construction. As was pointed out originally, the testator devised and bequeathed to his widow certain properties separate and. apart from that considered in Paragraph 11 and we regard Paragraph 11 as an additional bequest for the purposes stated up to $500 a month, within the discretion of the trustee reasonably and fairly to be exercised. To adopt the contrary construction would be to limit the income of Mrs. Ramage to a possible $500 per month, which we do not think, according the liberal construction to be applied, was the intention of the testator.

¶3We have responded to the request to extend the opinion to the foregoing extent, but are unwilling to make a further declaration of possible future rights of heirs. We do not regard that question as presented.

¶4Opinion extended and application for rehearing overruled.

LIVINGSTON, C. J., and FOSTER and LAWSON, JJ., concur.
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