Birmingham Trust Nat. Bank v. Henley

This is the second appeal in this case. See Henley v.Birmingham Trust National Bank, 295 Ala. 38, 322 So.2d 688 (1975).

For convenience, we reiterate the salient facts:

The Linn-Henley Charitable Trust was created by the will of Walter E. Henley, a former president and chairman of Birmingham Trust National Bank (BTNB), who died in December, 1961. His will named BTNB, or its successors, and his nephew John C. Henley, III, joint executors of his will and joint trustees of the Trust. BTNB and Mr. Henley served as joint executors from December, 1961, until July, 1965, when administration of the…