LOONEY v. CAPITAL NATIONAL BANK OF AUSTIN, TEXAS

No. 15860.

235 F.2d 436 (1956)

Virginia L. LOONEY et vir, and Emma L. Baker, Appellants, v. CAPITAL NATIONAL BANK OF AUSTIN, TEXAS et al., Appellees.

United States Court of Appeals Fifth Circuit.

June 30, 1956.


Attorney(s) appearing for the Case

Julian C. Clopton, Austin, Tex., Creekmore Wallace, Pryor, Okl., Thomas A. Wallace, Tulsa, Okl., for appellants.

Coleman Gay, Austin, Tex., L. P. Lollar, Asst. Atty. Gen., R. Dean Moor-head, Austin, Tex., for appellees.

Looney, Clark & Moorhead, James R. Meyers, Austin, Tex., for Capital Nat. Bank in Austin, trustee, and other defendants.

John Ben Shepperd, Marietta McGregor Payne, Austin, Tex., for John Ben Shepperd, Atty. Gen. of Texas.

Before RIVES, TUTTLE and JONES, Circuit Judges.


RIVES, Circuit Judge.

The district court dismissed for want of jurisdiction a complaint seeking a declaratory judgment1 to the effect that a testamentary trust of a residuary estate is void and unenforceable as violative of the rule against perpetuities and because the objects of the trust have failed, and are contrary to public policy. The grounds upon which the trust is attacked do not include...

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