963 So.2d 106 (2007)

BancTRUST COMPANY, INC., an Alabama trust company, as successor trustee under a trust agreement wherein Eileen McDonald Walker is grantor and original trustee v. Charles F.R. GRIFFIN, as executor of the estate of Cheryl Walker Griffin, deceased; Charles F.R. Griffin, individually; and Regions Bank, as executor of the estate of Ion S. Walker, deceased.

Court of Civil Appeals of Alabama.

February 16, 2007.

Attorney(s) appearing for the Case

Ralph G. Holberg III and Michael R. Holberg of Holberg & Holberg, P.C., Mobile, for appellant.

Robert E. Clute, Jr., and R. Gregory Watts of Johnstone, Adams, Bailey, Gordon & Harris, L.L.C., Mobile, for appellee the Griffin estate.

Mack B. Binion of Briskman & Binion, P.C., Mobile, for appellee Charles F.R. Griffin, individually.

Henry Lomax Cassady, Jr., of Max Cassady, P.C., Fairhope, for appellee Ion Walker estate.

THOMPSON, Presiding Judge.

In May 2004, BancTrust Company, Inc. ("BancTrust"), as successor trustee for a trust created by Eileen McDonald Walker ("the trust"), sued Charles F.R. Griffin, individually and as executor of the estate of Cheryl Walker Griffin, and Regions Bank, as executor of the estate of Ion S. Walker. In its complaint, BancTrust sought restitution for certain amounts paid from the trust for the benefit of Charles Griffin and Cheryl Griffin. We are...


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