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Dooley v. Regions Bank

Court of Appeals of Arkansas, Division II

September 6, 2017

MARY F. DOOLEY APPELLANT
v.
REGIONS BANK, TRUSTEE OF B-J TRUST DATED APRIL 26, 1996; AND BELINDA SHELTON AND JIMMY C. DOOLEY II, BENEFICIARIES APPELLEES

         APPEAL FROM THE POPE COUNTY CIRCUIT COURT [NO. 58CV-15-490] HONORABLE GORDON W. "MACK" MCCAIN, JR., JUDGE

          Taylor & Taylor Law Firm, P.A., by: Andrew M. Taylor and Tasha C. Taylor, for appellant.

          The Streett Law Firm, P.A., by: Alex G. Streett, James A. Streett, and Robert M. Veach, for appellee Regions Bank.

          The Brad Hendricks Law Firm, by: Lloyd W. Kitchens, for appellees Belinda Shelton and Jimmy C. Dooley II.

          WAYMOND M. BROWN, JUDGE

         Appellant Mary F. Dooley appeals the Pope County Circuit Court order dismissing her complaint against appellees Regions Bank, Trustee of B-J Trust dated April 26, 1996 (Trust), and Belinda Shelton and Jimmy C. Dooley II, beneficiaries. On appeal, she argues that the court erred by finding that her claim was barred by res judicata. She also contends that Regions Bank is not a lifetime beneficiary of the B-J Trust, and that the court erred in awarding attorney's fees. We affirm.

         Mary F. Dooley and Jimmy Dooley, appellant's deceased husband, created the B-J Trust on April 26, 1994.[1] The trust stated in pertinent part:

I.
The purpose of this trust is to provide for the general welfare of Belinda Shelton and Jimmy C. Dooley, II and to be effective until the death of Jimmy Dooley and Mary F. Dooley and to provide for the distribution of Trust Property as stated in the following paragraphs.
II.
The Trust Estate shall be divided into two equal portions one for each of our children, Belinda Shelton and Jimmy C. Dooley, II. Said proportion shall be distributed and managed as follows:
a) The Trust fund shall be distributed equally to our said children, upon the death of Jimmy Dooley and Mary F. Dooley.
b) Upon the death of the Trustee, Jimmy Dooley, Mary F. Dooley shall become the successor Trustee.
c) The Trust Estate, including all income therefrom and increase thereof, is to be retained, invested or re-invested by the said Trustee in any type of real or personal property, and in any way thought advisable by the said Trustee without any statutory restriction. He may sell any property, real or personal, publicly or privately, without Court order and without notice, and upon such terms and conditions as he believes to be satisfactory. He may manage, control, ...

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