IN RE RAY ELLISON GRANDCHILDREN TRUST

No. 04-06-00704-CV.

261 S.W.3d 111 (2008)

In re RAY ELLISON GRANDCHILDREN TRUST.

Court of Appeals of Texas, San Antonio.

April 2, 2008.


Attorney(s) appearing for the Case

David E. Keltner, Kelly Hart & Hallman LLP, Fort Worth, TX, Frank N. Ikard, Jr., Mary E. Haught, Ikard & Golden, P.C., Austin, TX, for Appellant.

Charles M. Hornberger, David Jed Williams, T. Drew Cauthorn, Hornberger Sheehan Fuller & Beiter Incorporated, Sara Murray, Joyce W. Moore, David S. Gragg, Langley & Banack, Inc., Rudy A. Garza, Garza & Lazor, P.C., Ellen B. Mitchell, Allan Paterson, Gardner S. Kendrick, Cox Smith Matthews Inc., San Antonio, Mike A. Hatchell, Locke Ford Bissell & Liddell, Austin, TX, for Appellee.

Margaret Corning Boldrick, Patricia F. Sitchler, Schoenbaum, Curphy & Scanlan, Kevin P. Kennedy, TX, San Antonio, for ad litem.

Sitting: CATHERINE STONE, Justice, KAREN ANGELINI, Justice, REBECCA SIMMONS, Justice.


OPINION

KAREN ANGELINI, Justice.

At issue in this appeal is whether, in creating an inter vivos, irrevocable trust for the "descendants" of his children, Ray Ellison Sr. intended to include, as beneficiaries, his son's adopted children, who were not adopted until they were adults. Because we conclude that Ray Ellison Sr. did not intend to include persons adopted as adults by his son, we affirm the summary judgment...

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