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McILVAINE v. AmSOUTH BANK, N.A.

1900034.

581 So.2d 454 (1991)

Eugene Thomas McILVAINE III, et al. v. AmSOUTH BANK, N.A., et al.

Supreme Court of Alabama.

Rehearing Denied May 17, 1991.

Attorney(s) appearing for the Case

Douglas Corretti and Mary Douglas Hawkins of Corretti & Newsom, Birmingham, and Gerald R. Hart, Jacksonville, Fla., for petitioner Eugene Thomas McIlvaine III.

E.C. Herrin, Birmingham, for petitioner Janet Gayle McIlvaine.

J. Michael Rediker of Ritchie and Rediker, Birmingham, and S. Stanley Kreutzer, New York City, for respondents.

INGRAM, Justice.

AmSouth Bank, as trustee of an inter vivos trust created in 1943 by Neva E. McIlvaine (settlor), filed an action for a declaratory judgment and instructions as to the proper distribution of a one-third share of the current and future net income from the trust. The settlor was a resident of the State of Florida when she created the trust. AmSouth's complaint alleged that the trust agreement provides that the net income from the corpus of the trust...

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