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MITCHELL v. MITCHELL

No. A-6249.

303 S.W.2d 352 (1957)

Raymond MITCHELL et al., Plaintiffs, v. Leon MITCHELL et al., Respondents.

Supreme Court of Texas.

June 19, 1957.

Attorney(s) appearing for the Case

Morris, Underwood & Oldham, Houston, Graves, Dougherty & Greenhill, Austin, for Raymond Mitchell et al.

Black & Stayton, Austin, for Mary Prophet et al.

W. J. Durham, Dallas, for Cornelius Mitchell et al.

E. E. Davis, Dayton, for Lamar Mitchell et al.

D. F. Sanders, Alto V. Watson, Beaumont, for Leon Mitchell et al.

HICKMAN, Chief Justice.

This case is the accounting phase of Mitchell v. Mitchell, 151 Tex. 1, 244 S.W.2d 803, which was severed from the main case by order of the trial court. The basic question for decision in this proceeding, as in the former appeal, is whether the proceeds of oil and gas royalties constitute income under a testamentary trust created by Aurelia Mitchell, testatrix, which should be distributed to life beneficiaries...

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