SMITH v. WACHOVIA BANK, N.A.

1071189 and 1071239.

33 So.3d 1191 (2009)

Fletcher Mitchell SMITH, as personal representative of the estate of Jo Everett McLeod, deceased v. WACHOVIA BANK, N.A., as personal representative of the estate of William Wynn McLeod, deceased. Wachovia Bank, N.A., as personal representative of the estate of William Wynn McLeod, deceased v. Fletcher Mitchell Smith, as personal representative of the estate of Jo Everett McLeod, deceased.

Supreme Court of Alabama.

September 30, 2009.


Attorney(s) appearing for the Case

Timothy P. Donahue and Michael A. Casey, Jr., of Donahue & Associates, LLC, Birmingham, for appellant/cross-appellee Fletcher Mitchell Smith, as personal representative of the estate of Jo Everett McLeod, deceased.

C. Fred Daniels and Melanie M. Atha of Cabaniss, Johnston, Gardner, Dumas & O'Neal, LLP, Birmingham, for appellee/cross-appellant Wachovia Bank, N.A., as personal representative of the estate of William Wynn McLeod, deceased.


SHAW, Justice.

In case no. 1071189, Fletcher Mitchell Smith, as the personal representative of the estate of Jo Everett McLeod ("the wife"), deceased, appeals from a judgment against Smith; Smith's wife, Maria Smith ("Maria"), the wife's niece; and the wife's estate in a breach-of-contract action filed by Wachovia Bank, N.A. ("Wachovia"), in its capacity as the personal representative of the estate of William Wynn McLeod ("the husband"), deceased. In case no. 1071239...

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