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FIRST ALABAMA BANK OF TUSCALOOSA, N.A. v. WEBB

78-176.

373 So.2d 631 (1979)

FIRST ALABAMA BANK OF TUSCALOOSA, N.A., a National Banking Association, as Executor and Trustee of the Last Will and Testament of Mary Webb Cleveland, Deceased v. C. A. WEBB, Jr., et al.

Supreme Court of Alabama.

July 27, 1979.

Attorney(s) appearing for the Case

Robert C. Tanner of Hubbard, Waldrop, Tanner & deGraffenried, Tuscaloosa, for appellant.

J. William Lewis and John C. Coggin, III, Birmingham, and J. Sydney Cook, III, of Rosen, Wright, Harwood & Albright, Tuscaloosa, for appellees.

EMBRY, Justice.

Appellant/defendant First Alabama Bank of Tuscaloosa, a national banking association, brings this appeal as executor and trustee of the Last Will and Testament of Mary Webb Cleveland, deceased. The appeal is from a final decree in a declaratory judgment action which declared valid, and not void ab initio, a trust (the Webb Trust) established by Mrs. M. E. Webb. In declaring the Webb Trust to be valid, the trial court found the doctrine of merger...

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