Stephens v. Stephens

This is the second time this case has been before this court. See Stephens v. Stephens, 680 So.2d 329 (Ala.Civ.App. 1996) ("Stephens I "). In Stephens I, Charles H. Stephens had appealed from a $65,872.25 judgment in favor of Helen Stephens, in her capacity as successor trustee of an inter vivos trust created by her husband, Roger Stephens, Charles's brother. The issue before this court was whether certain testimony of the trustee, John Sudderth, should have been considered by the trial court in reaching its judgment. Id.

The facts were as follows. Sudderth served for a number of years as…