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FESTORAZZI v. FIRST NATIONAL BANK OF MOBILE

1 Div. 676, 676-X.

264 So.2d 496 (1972)

Angelo O. FESTORAZZI et al. v. The FIRST NATIONAL BANK OF MOBILE et al.

Supreme Court of Alabama.

June 22, 1972.

Attorney(s) appearing for the Case

Hardy B. Smith, Mobile, for appellants, Angelo O. Festorazzi, Anne Festorazzi and Evelyn Augusta Festorazzi David.

Johnstone, Adams, May, Howard & Hill, Mobile, for cross-appellants, The Merchants National Bank of Mobile as Executor of the will of Elizabeth Mayers, deceased, and Josephine Orvin.

Lyman F. Holland, Jr., Mobile, for appellee, The First National Bank of Mobile, as Executor and Trustee under the Last Will and Testament of Marguerite Festorazzi.

Vincent F. Kilborn, III, Mobile, for appellees, The Providence Hospital, Frank Ahn, as the Head Administrator of the Providence Hospital, and certain indefinite classes of beneficiaries.

HARWOOD, Justice.

On 25 September 1963, Miss Marguerite Festorazzi, 69 years of age, executed a will. At the time Miss Festorazzi was a patient in Providence Hospital in Mobile, Alabama, gravely ill with a terminal malignancy. She died on 21 October 1963.

No question is raised as to Miss Festorazzi's competency to execute the will at the time of its execution.

On 23 February 1968, the First National Bank of Mobile, Alabama, as successor executor and...

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