MARY F. DOOLEY APPELLANT
REGIONS BANK, TRUSTEE OF B-J TRUST DATED APRIL 26, 1996; AND BELINDA SHELTON AND JIMMY C. DOOLEY II, BENEFICIARIES APPELLEES
FROM THE POPE COUNTY CIRCUIT COURT [NO. 58CV-15-490]
HONORABLE GORDON W. "MACK" MCCAIN, JR., JUDGE
& Taylor Law Firm, P.A., by: Andrew M. Taylor and Tasha
C. Taylor, for appellant.
Streett Law Firm, P.A., by: Alex G. Streett, James A.
Streett, and Robert M. Veach, for appellee Regions Bank.
Brad Hendricks Law Firm, by: Lloyd W. Kitchens, for appellees
Belinda Shelton and Jimmy C. Dooley II.
WAYMOND M. BROWN, JUDGE
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
Dooley and Jimmy Dooley, appellant's deceased husband,
created the B-J Trust on April 26, 1994. The trust stated
in pertinent part:
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.
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
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, ...