First Alabama Bank of Tuscaloosa, NA v. Webb

Appellant/defendant First Alabama Bank of Tuscaloosa, a national banking association, brings this appeal as executor and trustee of the Last Will and Testament of Mary Webb Cleveland, deceased. The appeal is from a final decree in a declaratory judgment action which declared valid, and not voidab initio, a trust (the Webb Trust) established by Mrs. M.E. Webb. In declaring the Webb Trust to be valid, the trial court found the doctrine of merger as applied in this court's ruling in the case of Dunn v. Ponceler, 230 Ala. 375, 161 So. 450 (1935) was inapplicable.

We affirm the trial court's…