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FIRST ALA. BANK OF HUNTSVILLE v. SPRAGINS

85-537, 85-538.

515 So.2d 962 (1987)

FIRST ALABAMA BANK OF HUNTSVILLE, N.A. v. Marion Beirne SPRAGINS III, et al.

Supreme Court of Alabama.

October 2, 1987.

Attorney(s) appearing for the Case

Frank K. Noojin, Jr., and Michael I. Spearing of Watts, Salmon, Roberts, Manning & Noojin, Huntsville, for appellants.

J. Allen Brinkley of Brinkley & Ford, and Robert C. Gammons of Watson, Gammons & Fees, and William T. Galloway of Ford, Caldwell, Ford & Payne, Huntsville, for appellees.

ADAMS, Justice.

The Spragins family, as beneficiaries, brought suit against First Alabama Bank of Huntsville (hereinafter "First Alabama" or "the Bank"), trustee of a trust created by the last will and testament of Marion Beirne Spragins, Sr., for breach of fiduciary duty and mismanagement of the trust fund. Initially, the Bank petitioned this Court for a writ of mandamus after the Circuit Court of Madison County had denied the Bank's motion to strike the Spraginses...

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