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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