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Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions,
Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.

SUPREME COURT OF ALABAMA
OCTOBER TERM, 2012-2013 1101535
Jeff Snider, as administrator of the estate of Thelma June
Smith Snider, deceased
v.
Marquita S. Morgan, as executrix of the estate of Troy Ray
Snider, deceased, et al.
Appeal from Marshall Circuit Court (CV-2011-900062)
SHAW, Justice.
Jeff Snider ("Jeff"), as administrator of the estate of Thelma June Smith Snider ("Thelma"), deceased, the plaintiff below, appeals from the trial court's dismissal of his



REL:ll/30/2012

Southern Reporter
Southern Reporter.

SUPREME COURT OF ALABAMA
OCTOBER TERM, 2012-2013 1101535
Jeff Snider, as administrator of the estate of Thelma June
Smith Snider, deceased
v.
Marquita S. Morgan, as executrix of the estate of Troy Ray
Snider, deceased, et al.
Appeal from Marshall Circuit Court (CV-2011-900062)
SHAW, Justice.
Jeff Snider ("Jeff"), as administrator of the estate of Thelma June Smith Snider ("Thelma"), deceased, the plaintiff below, appeals from the trial court's dismissal of his



REL:ll/30/2012

Southern Reporter
Southern Reporter.

SUPREME COURT OF ALABAMA
OCTOBER TERM, 2012-2013 1101535
Jeff Snider, as administrator of the estate of Thelma June
Smith Snider, deceased
v.
Marquita S. Morgan, as executrix of the estate of Troy Ray
Snider, deceased, et al.
Appeal from Marshall Circuit Court (CV-2011-900062)
SHAW, Justice.
Jeff Snider ("Jeff"), as administrator of the estate of Thelma June Smith Snider ("Thelma"), deceased, the plaintiff below, appeals from the trial court's dismissal of his



REL:ll/30/2012

Southern Reporter
Southern Reporter.

SUPREME COURT OF ALABAMA
OCTOBER TERM, 2012-2013 1101535
Jeff Snider, as administrator of the estate of Thelma June
Smith Snider, deceased
v.
Marquita S. Morgan, as executrix of the estate of Troy Ray
Snider, deceased, et al.
Appeal from Marshall Circuit Court (CV-2011-900062)
SHAW, Justice.
Jeff Snider ("Jeff"), as administrator of the estate of Thelma June Smith Snider ("Thelma"), deceased, the plaintiff below, appeals from the trial court's dismissal of his



REL:ll/30/2012

Southern Reporter
Southern Reporter.

SUPREME COURT OF ALABAMA
OCTOBER TERM, 2012-2013 1101535
Jeff Snider, as administrator of the estate of Thelma June
Smith Snider, deceased
v.
Marquita S. Morgan, as executrix of the estate of Troy Ray
Snider, deceased, et al.
Appeal from Marshall Circuit Court (CV-2011-900062)
SHAW, Justice.
Jeff Snider ("Jeff"), as administrator of the estate of Thelma June Smith Snider ("Thelma"), deceased, the plaintiff below, appeals from the trial court's dismissal of his



REL:ll/30/2012

Southern Reporter
Southern Reporter.

SUPREME COURT OF ALABAMA
OCTOBER TERM, 2012-2013 1101535
Jeff Snider, as administrator of the estate of Thelma June
Smith Snider, deceased
v.
Marquita S. Morgan, as executrix of the estate of Troy Ray
Snider, deceased, et al.
Appeal from Marshall Circuit Court (CV-2011-900062)
SHAW, Justice.
Jeff Snider ("Jeff"), as administrator of the estate of Thelma June Smith Snider ("Thelma"), deceased, the plaintiff below, appeals from the trial court's dismissal of his



REL:ll/30/2012

Southern Reporter
Southern Reporter.

SUPREME COURT OF ALABAMA
OCTOBER TERM, 2012-2013 1101535
Jeff Snider, as administrator of the estate of Thelma June
Smith Snider, deceased
v.
Marquita S. Morgan, as executrix of the estate of Troy Ray
Snider, deceased, et al.
Appeal from Marshall Circuit Court (CV-2011-900062)
SHAW, Justice.
Jeff Snider ("Jeff"), as administrator of the estate of Thelma June Smith Snider ("Thelma"), deceased, the plaintiff below, appeals from the trial court's dismissal of his



REL:ll/30/2012

Southern Reporter
Southern Reporter.

SUPREME COURT OF ALABAMA
OCTOBER TERM, 2012-2013 1101535
Jeff Snider, as administrator of the estate of Thelma June
Smith Snider, deceased
v.
Marquita S. Morgan, as executrix of the estate of Troy Ray
Snider, deceased, et al.
Appeal from Marshall Circuit Court (CV-2011-900062)
SHAW, Justice.
Jeff Snider ("Jeff"), as administrator of the estate of Thelma June Smith Snider ("Thelma"), deceased, the plaintiff below, appeals from the trial court's dismissal of his



REL:ll/30/2012

Southern Reporter
Southern Reporter.

SUPREME COURT OF ALABAMA
OCTOBER TERM, 2012-2013 1101535
Jeff Snider, as administrator of the estate of Thelma June
Smith Snider, deceased
v.
Marquita S. Morgan, as executrix of the estate of Troy Ray
Snider, deceased, et al.
Appeal from Marshall Circuit Court (CV-2011-900062)
SHAW, Justice.
Jeff Snider ("Jeff"), as administrator of the estate of Thelma June Smith Snider ("Thelma"), deceased, the plaintiff below, appeals from the trial court's dismissal of his



REL:ll/30/2012

Southern Reporter
Southern Reporter.

SUPREME COURT OF ALABAMA
OCTOBER TERM, 2012-2013 1101535
Jeff Snider, as administrator of the estate of Thelma June
Smith Snider, deceased
v.
Marquita S. Morgan, as executrix of the estate of Troy Ray
Snider, deceased, et al.
Appeal from Marshall Circuit Court (CV-2011-900062)
SHAW, Justice.
Jeff Snider ("Jeff"), as administrator of the estate of Thelma June Smith Snider ("Thelma"), deceased, the plaintiff below, appeals from the trial court's dismissal of his



REL:ll/30/2012

Southern Reporter
Southern Reporter.

SUPREME COURT OF ALABAMA
OCTOBER TERM, 2012-2013 1101535
Jeff Snider, as administrator of the estate of Thelma June
Smith Snider, deceased
v.
Marquita S. Morgan, as executrix of the estate of Troy Ray
Snider, deceased, et al.
Appeal from Marshall Circuit Court (CV-2011-900062)
SHAW, Justice.
Jeff Snider ("Jeff"), as administrator of the estate of Thelma June Smith Snider ("Thelma"), deceased, the plaintiff below, appeals from the trial court's dismissal of his



REL:ll/30/2012

Southern Reporter
Southern Reporter.

SUPREME COURT OF ALABAMA
OCTOBER TERM, 2012-2013 1101535
Jeff Snider, as administrator of the estate of Thelma June
Smith Snider, deceased
v.
Marquita S. Morgan, as executrix of the estate of Troy Ray
Snider, deceased, et al.
Appeal from Marshall Circuit Court (CV-2011-900062)
SHAW, Justice.
Jeff Snider ("Jeff"), as administrator of the estate of Thelma June Smith Snider ("Thelma"), deceased, the plaintiff below, appeals from the trial court's dismissal of his



REL:ll/30/2012

Southern Reporter
Southern Reporter.

SUPREME COURT OF ALABAMA
OCTOBER TERM, 2012-2013 1101535
Jeff Snider, as administrator of the estate of Thelma June
Smith Snider, deceased
v.
Marquita S. Morgan, as executrix of the estate of Troy Ray
Snider, deceased, et al.
Appeal from Marshall Circuit Court (CV-2011-900062)
SHAW, Justice.
Jeff Snider ("Jeff"), as administrator of the estate of Thelma June Smith Snider ("Thelma"), deceased, the plaintiff below, appeals from the trial court's dismissal of his



1101535

complaint against Marquita S. Morgan ("Morgan"), both as executrix of the estate of Troy Ray Snider ("Troy"), deceased, and on behalf of the estate of Harold Snider ("Harold"), deceased, and First Bank of Boaz ("First Bank"), the defendants below, for failure to state a claim upon which relief could be granted.1 We affirm in part, reverse in part, and remand.
Facts and Procedural History In October 1998, Thelma, the mother of Troy and Harold and the grandmother of Jeff and Morgan, executed a "General Power of Attorney" naming Troy and Harold her attorneys-in-fact. That document specifically provided that the enumerated powers could be performed by either Troy or Harold and that

1Although Morgan's motion sought dismissal "pursuant to 12(b)[, Ala. R. Civ. P.]," without specifying any particular subsection thereof, given the nature of the allegations therein and the trial court's treatment of the motion, we construe it as having been made pursuant to Rule 12(b)(6), for "failure to state a claim upon which relief can be granted." See 1 Moore's Federal Rules Pamphlet

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