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FOSHEE v. REPUBLIC NAT. BANK OF DALLAS

No. B-9619.

617 S.W.2d 675 (1981)

Clinton FOSHEE et al., Petitioners, v. REPUBLIC NATIONAL BANK OF DALLAS, Trustee et al., Respondents.

Supreme Court of Texas, Twelfth District.

Rehearing Denied March 25, 1981.

Attorney(s) appearing for the Case

Carter, Jones, Magee, Rudberg, Moss & Mayes, Robert H. Bezucha, Dallas, for petitioners.

Turner, Rodgers, Sailers, Jordan & Calloway, Bruce W. Bowman, Jr., and Mark White, Atty. Gen., Amie Rodnick, Asst. Atty. Gen., Austin, for respondents.

WALLACE, Justice.

This is an appeal from a judgment of the court of civil appeals which affirmed a summary judgment for respondents. Petitioners Clinton and Mary Foshee (Foshee) are the Independent Executors of the Will of Bernice Schlosberg. Respondent, Republic National Bank of Dallas, (Republic) is Trustee of the Hillcrest Mausoleum Special Gifts Trust Fund and also the Trustee of the Hillcrest Mausoleum Perpetual Care Fund. The Attorney General is a respondent...

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