TRABITS v. FIRST NATIONAL BANK OF MOBILE

SC 1182.

323 So.2d 353 (1975)

Dorothy DaPonte TRABITS v. The FIRST NATIONAL BANK OF MOBILE, Alabama, a corporation.

Supreme Court of Alabama.

November 26, 1975.


Attorney(s) appearing for the Case

Howell, Johnston, Langford, Finkbohner & Lawler, Mobile, for appellant.

Hamilton, Butler, Riddick & Latour, Mobile, for appellee.


BLOODWORTH, Justice.

This appeal is from a judgment of the Circuit Court of Mobile County granting appellee-trustee's motion to dismiss appellant-beneficiary's complaint for failure to state a claim upon which relief can be granted.

The complaint sought a declaratory judgment construing the terms of a trust under which appellant is the sole life beneficiary and appellee-bank is the named trustee. Under the terms of the trust, the beneficiary is to receive...

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