Alabama § 35-4-297 Disposition By, Between, or Among Several Persons Generally

Alabama Statutes

§ 35-4-297 — Disposition By, Between, or Among Several Persons Generally

Alabama § 35-4-297

Title 35Property

Ch. 4Conveyances and Creation of Estates

Art. 12Powers

This text of Alabama § 35-4-297 (Disposition By, Between, or Among Several Persons Generally) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 35-4-297 (2026).

Text

When a disposition under a power is directed to be made by, between or among several persons, without specifying the sum or share to be allotted to each, all the persons designated are entitled to an equal proportion; but when the terms of the power import that the estate or fund is to be distributed between the persons so designated, in such manner or proportion as the trustee of the power may think proper, the distribution or apportionment made by such trustee cannot be impeached on the ground that it is unsubstantial, illusory, or nominal.

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When a disposition under a power is directed to be made by, between or among several persons, without specifying the sum or share to be allotted to each, all the persons designated are entitled to an equal proportion; but when the terms of the power import that the estate or fund is to be distributed between the persons so designated, in such manner or proportion as the trustee of the power may think proper, the distribution or apportionment made by such trustee cannot be impeached on the ground that it is unsubstantial, illusory, or nominal.

Legislative History

(Code 1852, §1334; Code 1867, §1604; Code 1876, §2213; Code 1886, §1859; Code 1896, §1055; Code 1907, §3432; Code 1923, §6937; Code 1940, T. 47, §85.)