Noble v. First Nat. Bank

• Decision Date: 09 June 1938
• Docket Number: 7 Div. 502.
• Citation: 236 Ala. 499,183 So. 393
• Parties: NOBLE ET AL. v. FIRST NAT. BANK ET AL.
• Court: Alabama Supreme Court

183 So. 393

236 Ala. 499

NOBLE ET AL. v. FIRST NAT. BANK ET AL.

7 Div. 502.

Supreme Court of Alabama

June 9, 1938

Rehearing Denied Oct. 6, 1938.

Appeal from Circuit Court, Calhoun County; R. B. Carr, Judge.

Proceeding for final settlement of accounts and construction of will by the First National Bank of Anniston, as executor of the estate of Susie P. Stringfellow, deceased, against Philip G Noble and others, as heirs, and Mary Clarke Kilby and others as trustees of Susie Parker Stringfellow Memorial Hospital. From an adverse decree, respondents Philip G. Noble and others appeal.

Affirmed.

Courts of equity look with favor on charitable trusts, such as a trust for the establishment and maintenance of a public hospital, and will sustain them by the application of the doctrine of equitable approximation, if need be.

The will involved is, in part, as follows:

"Third. I will and devise to the First National Bank of Anniston in trust, my residence and grounds in the City of Anniston situated on Leighton Avenue between Eighteenth and Nineteenth Streets, consisting of about eight acres of land, subject to the life estate devised to my said husband, to be held and retained by said bank in trust until the organization of a board of trustees to take over and use and manage said property as and for a public hospital for the people of the City of Anniston, to be called, at the request of my husband, the Susie Parker Stringfellow Memorial Hospital. The said board of trustees is to consist of thirteen persons, who shall be residents of the City of Anniston, Alabama, and who shall be selected in the manner following, to-wit: Two of said trustees shall be selected by the governing body of the Parker Memorial Baptist Church, Anniston, Alabama; two of said trustees by the Wardens and Vestry of Grace Protestant Episcopal Church, of Anniston, Alabama; two of said trustees by the Wardens and Vestry of St. Michael and All Angels Church, of Anniston, Alabama; two of said trustees by the governing body of the First Methodist Episcopal Church South, of Anniston, Alabama; and two of said trustees by the governing body of the First Presbyterian Church, of Anniston, Alabama; and the said ten trustees so selected by the governing bodies of said churches shall thereupon select three practicing physicians of the City of Anniston and the thirteen persons so selected shall constitute the board of trustees of the said hospital; and thereupon the said First National Bank of Anniston shall convey said property to the said board of trustees to be held by the said board, and their successors, in perpetuam as a hospital for the use of the people of the City of Anniston, subject to the terms of this will and to such reasonable rules and regulations as may be fixed by the said board of trustees not inconsistent with the provisions of this will.

"Each of said churches in selecting the trustees for said hospital shall select one man and one woman, so that one-half of the trustees selected by said churches shall be men and the other half of said trustees shall be women.

"Said board of trustees, when organized, shall fix their terms of office in such manner as they may determine, so that four of said trustees shall hold office for a term of one year, four for two years, and the remaining five for three years, and their successors, who shall be selected in the same manner as hereinabove provided, shall each hold office for a term of three years and until their successors shall have been selected in the manner hereinabove provided. Said board of trustees so constituted shall have the management and control of the property hereinabove described and the funds hereinafter provided for its support and maintenance.

"Sixth. On the death of my said husband, it is my will that the sum of ten thousand dollars shall be paid to the First National Bank of Anniston to be held by said bank as trustee in trust for Susie P. Cobbs, daughter of William A. Cobbs and Mary S. Cobbs, during her life. It is my will that said sum of ten thousand dollars shall be invested by said trustees for the benefit of said Susie P. Cobbs, and the rents, income and profits from said investment shall be paid over by said trustee to the said Susie P. Cobbs during her life. At her death the income from said funds shall be paid by the said First National Bank to her mother, Mary S. Cobbs, if living. When the said Susie P. Cobbs and Mary S. Cobbs shall both have died, the said ten thousand dollars shall become a part of the hospital fund hereinafter provided for, and the income shall be applied to the support of said hospital as is hereinafter directed.

"Eighth. Upon the death of my said husband, I will, devise and bequeath all the remainder and residue of my estate to the First National Bank of Anniston, Alabama, as trustee, in trust, to hold and invest all of said residue in such securities or other property as the board of directors and managing officers of the said bank may deem best, and to re-invest the same from time to time as may be necessary, and the rents, income and profits therefrom shall be by said bank applied as follows: to-wit: One third of all the net profits, rents and income shall be paid over by said bank to my sister, Minnie S. Hagemeyer, for and during her natural life. The remaining two-thirds of the net income from the residue of my said estate shall be paid over by the First National Bank of Anniston to the Board of trustees hereinafter provided for, and shall be applied by the said board of trustees to the support and maintenance of the said Susie Parker Stringfellow Memorial Hospital, as herein directed; and upon the death of my said sister that part of the income from my said estate which I have directed to be paid to her shall become a part of the said hospital fund, and shall by the said bank be paid over to the said board of trustees, as shall also the income from the ten thousand dollars bequeathed for life to Susie P. Cobbs; provided, however, that the said First National Bank of Anniston shall, at the request of the board of trustees of said hospital, pay over to the said board of trustees may (sic) request for the purpose of making necessary alterations of the buildings on my said residence property, so as to fit said buildings for hospital purposes, and for the erection of necessary additional buildings for the said hospital, but said sum so paid over to said trustees for

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