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RISSMAN v. LANNING

No. 10289.

276 S.W.2d 356 (1955)

Ernest J. RISSMAN et al., Appellants, v. R. C. LANNING et al., Appellees.

Court of Civil Appeals of Texas, Austin.

February 16, 1955.

Attorney(s) appearing for the Case

Robert B. Thrasher, Austin, for appellant.

John Ben Shepperd, Atty. Gen., W. V. Geppert, Marietta McGregor Payne, Asst. Attys. Gen., for all appellees except Augusta L. Wende.

Trenckmann & Trenckmann, Austin, for Augusta L. Wende.

GRAY, Justice.

This suit was brought by appellants to construe paragraphs 4 and 6 of the last will and testament of John C. Wende, deceased. It is the contention of appellants that said paragraphs are void for the reason that the trust created thereby is a perpetuity and not a charitable trust.

Appellants and appellees filed motions for summary judgments. Appellees' motion was granted and a judgment was rendered decreeing that the trust created by paragraphs...

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