DUNBAR v. BIRMINGHAM TRUST NATIONAL BANK

6 Div. 753, 756.

238 So.2d 336 (1970)

William Q. DUNBAR, Margaret H. McTigue, Marie S. Dunbar, and Deborah D. McPoland v. BIRMINGHAM TRUST NATIONAL BANK, a Corp., and Homer C. Starks, Sallie C. Starks, and Gay H. Harris. BIRMINGHAM TRUST NATIONAL BANK, a Corp. v. William Q. DUNBAR, Margaret H. McTigue, Marie S. Dunbar, and Deborah D. McPoland, Homer C. Starks, Sallie C. Starks, and Gay H. Harris.

Supreme Court of Alabama.

July 30, 1970.


Attorney(s) appearing for the Case

Beddow, Embry & Beddow, Birmingham, for appellants.

William M. Acker, Jr., and Shuford B. Smyer, Birmingham, for appellee and cross-appellant, Birmingham Trust Nat. Bank.

Fred S. Ball, Montgomery, for appellees, Sallie C. Starks, deceased, and Homer C. Starks.


HARWOOD, Justice.

Moses H. Crittenden died in 1929, and his last will and testament was admitted to probate in Jefferson County, Alabama, in 1930.

This will set up a trust, the Birmingham Trust & Savings Company of Birmingham (now Birmingham Trust National Bank), being named as trustee. In May of 1932 the bank began its duties as trustee, having made final settlement as executor of Critenden's will.

The provision in his will that has provoked this...

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