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FIRST NAT. BANK OF BIRMINGHAM v. CURRIE

78-536.

380 So.2d 283 (1980)

FIRST NATIONAL BANK OF BIRMINGHAM v. Marjorie N. CURRIE, Successor-Trustee of the Testamentary Trust of Ralph E. Nicholson.

Supreme Court of Alabama.

February 22, 1980.

Attorney(s) appearing for the Case

Jack B. Porterfield, Jr. and William T. Mills, II of Dunn, Porterfield, Scholl & Clark, Birmingham, for appellant.

William H. Mills of Rogers, Howard, Redden & Mills, Birmingham, for appellee.

EMBRY, Justice.

This is an appeal by defendant First National Bank of Birmingham from an adverse final judgment in a declaratory judgment action brought by plaintiff Marjorie N. Currie as successor-trustee of the testamentary trust of Ralph E. Nicholson. Inter alia, the judgment held: (1) all income of the testamentary trust of Ralph E. Nicholson, deceased, accumulated prior to the death of Marguerite H. Nicholson is the property of the testamentary trust of...

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