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WHEELER v. FIRST ALABAMA BANK

Nos. 78-800, 78-809 and 78-813.

385 So.2d 47 (1980)

M. Wayne WHEELER, as guardian ad litem for the unborn descendants of Robert I. Ingalls, Sr. v. FIRST ALABAMA BANK et al. Ellen Gregg SHOOK, by and through her duly appointed guardian ad litem v. FIRST ALABAMA BANK OF BIRMINGHAM et al. Samuel Marks BOYKIN, III, individually and by and through his duly appointed guardians ad litem, Alex W. Newton and James L. North v. FIRST ALABAMA BANK OF BIRMINGHAM et al.

Supreme Court of Alabama.

June 27, 1980.

Attorney(s) appearing for the Case

M. Wayne Wheeler and J. H. Crow, III, Richard S. Riley, H. L. Ferguson, Jr., and Samuel H. Frazier, of Spain, Gillon, Riley, Tate & Etheredge, Birmingham, for appellant Ellen Gregg Shook.

Alex W. Newton of Hare, Wynn, Newell & Newton, James L. North of North, Haskell, Slaughter, Young & Lewis, Birmingham, for appellant Samuel Marks Boykin, III.

William Bew White, Jr. and Hobart A. McWhorter, of Bradley, Arant, Rose & White, Birmingham, for appellee Barbara I. Shook.

Reid B. Barnes and John E. Grenier of Lange, Simpson, Robinson & Somerville, Birmingham, for appellee First Alabama Bank of Birmingham.

J. Michael Rediker of Ritchie, Rediker & Warren, Birmingham, for appellee Elesabeth Ingalls Gillet.

A. Key Foster, Jr. and Linda W. Knight of Balch, Bingham, Baker, Hawthorne, Williams & Ward, Birmingham, for appellee Ingalls Iron Works Co.

SHORES, Justice.

On December 30, 1976, the First Alabama Bank of Birmingham (the bank) filed in the Circuit Court of the Tenth Judicial Circuit a petition for partial settlement of Ingalls Trusts B, C, D, E, and F. Thereafter, claims were filed on behalf of the sons of one of the primary beneficiaries of those trusts, Elesabeth Ingalls Gillet, and the daughters of the other primary beneficiary, Barbara Ingalls Shook, asserting that the Boykin boys and Shook girls...

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