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BIRMINGHAM TRUST NAT. BANK v. HENLEY

77-382, 77-382A and 77-382B.

371 So.2d 883 (1979)

BIRMINGHAM TRUST NATIONAL BANK et al. v. John C. HENLEY, III, et al. Charles A. GRADDICK, Attorney General v. BIRMINGHAM TRUST NATIONAL BANK et al. John C. HENLEY, III v. BIRMINGHAM TRUST NATIONAL BANK et al.

Supreme Court of Alabama.

Rehearing Denied June 8, 1979.

Attorney(s) appearing for the Case

Lee C. Bradley, Jr. and Macbeth Wagnon, Jr., Birmingham, for Birmingham Trust National Bank and Southern Bancorporation of Ala., appellants and cross-appellees.

Donald B. Sweeney, Jr., Birmingham, for Individual Co-Trustee John C. Henley, III, appellee and cross-appellant.

Charles A. Graddick, Atty. Gen., Montgomery, appellee and cross-appellant, for beneficiaries of the trust; James L. O'Kelley, Asst. Atty. Gen., Birmingham, on the brief.

Morris K. Sirote of Sirote, Permutt, Friend, Friedman, Held & Apolinsky, Birmingham, for Jack H. Harrison, appellee, as temporary trustee of the Linn-Henley Charitable Trust.

SHORES, Justice.

This is the second appeal in this case. See Henley v. Birmingham Trust National Bank, 295 Ala. 38, 322 So.2d 688 (1975).

For convenience, we reiterate the salient facts:

The Linn-Henley Charitable Trust was created by the will of Walter E. Henley, a former president and chairman of Birmingham Trust National Bank (BTNB), who died in December, 1961. His will named BTNB, or its successors, and...

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