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ELLIS v. FIRST NATIONAL BANK IN DALLAS

No. 15379.

311 S.W.2d 916 (1958)

Lela Vardell ELLIS et vir, Appellants, v. FIRST NATIONAL BANK IN DALLAS et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied April 18, 1958.

Attorney(s) appearing for the Case

W. H. Sanford and Conan Cantwell, Dallas, for appellants.

Lamar Holley, J. E. Newberry, Coke & Coke and H. P. Kucera, City Atty., Dallas, for appellees.

DIXON, Chief Justice.

This is a suit for a declaratory judgment filed by First National Bank in Dallas, Trustee, seeking to determine its rights, duties and obligations as trustee under the will of T. W. Vardell, deceased.

On May 30, 1930 T. W. Vardell and his wife Lela Barry Vardell executed identical wills, each will disposing of their entire community estate. Each will also contained provisions pertaining to the powers and authority of the surviving spouse...

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