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ENGLUND v. FIRST NAT. BANK OF BIRMINGHAM

78-444, 78-484.

381 So.2d 8 (1980)

Gage Bush ENGLUND v. The FIRST NATIONAL BANK OF BIRMINGHAM, etc., et al. The FIRST NATIONAL BANK OF BIRMINGHAM, etc., v. Gage Bush ENGLUND et al.

Supreme Court of Alabama.

Rehearing Denied March 7, 1980.

Attorney(s) appearing for the Case

Sydney R. Prince, III, George H. McKean, and William C. Barclift, III, of Inge, Twitty, Duffy & Prince, Mobile, for appellant/cross appellee Gage Bush Englund.

Lucien D. Gardner, Jr., George F. Maynard, and E. T. Brown Jr., of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, for appellee/cross appellant The First National Bank of Birmingham, etc., et al.

George Young, Birmingham, Guardian Ad Litem, for Alixandra Gage Englund, a minor and Rachael Rutherford Englund, a minor.

FAULKNER, Justice.

These are appeals from a declaratory judgment rendered by the Circuit Court of Jefferson County interpreting a trust provision under the will of Morris W. Bush, and awarding the guardian ad litem a fee of $50,000. We affirm in part, reverse in part, and remand to the trial court.

On December 12, 1929, Morris W. Bush executed his last will and testament, and appointed the American Trader National Bank of Birmingham (now The First National...

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