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FIRST NATIONAL BANK OF BIRMINGHAM v. BROWN

6 Div. 828.

251 So.2d 204 (1971)

The FIRST NATIONAL BANK OF BIRMINGHAM, Alabama, a National Banking Association v. Martha H. BROWN, as Executrix of the Estate of James Mitchell Brown, Deceased, et al.

Supreme Court of Alabama.

July 29, 1971.

Attorney(s) appearing for the Case

John Self, Hamilton, for appellant.

Fite, Davis & Fite, Hamilton, for appellee Martha H. Brown, as Executrix of Estate of James Mitchell Brown, deceased.

Tweedy, Jackson & Beech, Jasper, for appellee Hamilton United Methodist Church, an Unincorporated Association.

McCALL, Justice.

The First National Bank of Birmingham, as executor and testamentary trustee, under the last will and testament of Ella Brown, deceased, appeals from a decree entered by the circuit court, in equity, in a suit to contest the decedent's will.

Ella Brown's only heirs at law were two nephews, Rex Johnson Brown and James Mitchell Brown. By the terms of a trust created in her will, the testatrix directs...

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