Best v. First National Bank of Birmingham

The majority’s statement of the general rule of law, as taken from Blair v. Rice, 216 Ala. 586, 114 So. 194 (1927), and Fidelity & Deposit Co. of Maryland v. Wilkinson, 230 Ala. 586, 162 So. 666 (1935), is correct. However, neither of those cases addressed the question that is now before us. The issue in those cases is under what circumstances could an individual acting as an administrator be sued in a representative, as opposed to his individual, capacity. The issue in this case, however, is whether the probate court's finding that the estate owned the C.D.’s, and that the administrator…