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MARSHALL v. NELSON

1910577, 1910762.

622 So.2d 889 (1993)

Frederick A. MARSHALL, as executor of the Estate of James W. Davis, deceased, v. Mary E. NELSON. Dorothy L. DAVIS, v. AMSOUTH BANK, N.A.

Supreme Court of Alabama.

June 18, 1993.

Attorney(s) appearing for the Case

Herndon Inge III, Mobile, for Frederick A. Marshall.

Lee L. Hale, Mobile, for Dorothy L. Davis.

Michael A. Figures of Figures, Jackson and Harris, Mobile, for Mary E. Nelson.

Edward A. Dean of Armbrecht, Jackson, DeMouy, Crowe, Holmes & Reeves, Mobile, for AmSouth Bank, N.A.

On Application for Rehearing in Case 1910762

HOUSTON, Justice.

The opinion of April 9, 1993, is withdrawn and the following is substituted therefor.

James W. Davis died on May 7, 1989. After his death, AmSouth Bank allowed Dorothy L. Davis, the widow, to withdraw $35,000 from an account. Mary E. Nelson, daughter of the deceased, sued AmSouth Bank, First National Bank of Mobile Division ("AmSouth"), seeking to recover the $35,000, alleging...

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