Trabits v. First National Bank of Mobile

BLOODWORTH, Justice.

This appeal is from a judgment of the Circuit Court of Mobile County granting appellee-trustee’s motion to dismiss appellant-beneficiary’s complaint for failure to state a claim upon which relief can be granted.

The complaint sought a declaratory judgment construing the terms of a trust under which appellant is the sole life beneficiary and appellee-bank is the named trustee. Under the terms of the trust, the beneficiary is to receive a monthly payment of $400.0 for life. After her death, the remaining corpus is to be distributed to her children and grandchildren or, if she…