Regions Bank v. Jean W. Reed

Summary

The court held that probate courts in certain counties have concurrent jurisdiction over proceedings concerning the administration of testamentary and inter vivos trusts, including equitable claims for damages arising from alleged breaches of trust. It reversed the circuit court's mandamus order requiring dismissal of the probate proceeding and directed dismissal of overlapping circuit-court claims under the abatement statute, while allowing claims concerning trusts for which Regions acted only as custodian or agent to remain in circuit court. Justice Lyons, specially concurring, agreed with the result but emphasized that the statute gives the identified probate courts jurisdiction over any proceeding involving a trust, not merely trustee- or beneficiary-initiated administration proceedings.