MALLETTE v. MERCHANTS NATIONAL BANK OF MOBILE

1 Div. 443.

236 So.2d 694 (1970)

Dorothy P. MALLETTE et al. v. The MERCHANTS NATIONAL BANK OF MOBILE, a National Banking Association.

Supreme Court of Alabama.

Rehearing Denied June 11, 1970.


Attorney(s) appearing for the Case

Engel & Smith, Mobile, John V. Duck, Fairhope, for appellants.

Stone, Gray & Howard, Mobile, for appellee.


COLEMAN, Justice.

Respondents appeal from a final decree in equity.

On February 8, 1966, complainant filed its bill of complaint. Complainant alleged that a trust had been created by Lynn F. Grimes in 1963, and that complainant was named as trustee; that Lynn F. Grimes died October 28, 1965, and left a purported will which had been accepted for probate by the Judge of the Probate Court of Baldwin County; that, under said will, two of the respondents are made...

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