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WINTERS v. AmSOUTH BANK

No. 2006-CA-00579-COA.

964 So.2d 595 (2007)

Roberta Louise Ivy WINTERS, John Everette Winters, Ivy June Winters Peterson, Linda Louise Winters Lavender, Susan Patricia Winters Cowgill and William Douglas Winters, Appellants, v. AmSOUTH BANK f/k/a Deposit Guaranty National Bank, Appellee.

Court of Appeals of Mississippi.

September 4, 2007.

Attorney(s) appearing for the Case

Richard R. Grindstaff, attorney for appellants.

J. Stevenson Ray, Donna Brown Jacobs, Jackson, attorneys for appellee.

Before MYERS, P.J., ISHEE and CARLTON, JJ.

CARLTON, J., for the Court.

¶ 1. The income beneficiaries of two testamentary trusts filed a suit in Hinds County Circuit Court against the trustee bank for the alleged breach of the fiduciary duty of care by negligently acting with regard to the trust property. Upon motion of the Bank, the case was transferred to the Chancery Court of Lowndes County where the beneficiaries' claims were in large part disposed of by two partial summary judgments, finding most...

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