Brooks ex rel. Vickers v. First Federal Savings & Loan Ass'n of Sylacauga

I concur with those portions of the main opinion that hold that the meaning of the trust instrument is a question of law; that whether Mr. Brooks alone could withdraw funds from the trust account is a question of law; that the testimony of First Federal’s expert as to the meaning of the trust instrument was inadmissible; and that Ala.Code 1975, § 19-1-10, does not apply to shield First Federal from the Brookses’ claims. I respectfully dissent, however, from that portion of the main opinion that holds that First Federal’s allegedly wrongful acts are not within the purview of Ala.Code 1975, §…