Birmingham Trust National Bank v. Harrison

This case is before this Court for the third time on appeal. The original appeal *225decided the issue of breach of fiduciary duty by co-trustees, Birmingham Trust National Bank (BTNB) and John C. Henley, III, of the Linn-Henley Charitable Trust, holding that both co-trustees had breached their duty. This Court remanded with instructions to appoint a temporary trustee for the new trial, and to limit the determination and award of expenses against the Trust “to those reasonably and necessarily incurred by the Temporary Trustee and his attorney.” Henley v. Birmingham Trust National Bank, 295 Ala.…