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RENTZ v. FIRST NATIONAL BANK IN CORSICANA

No. 3653.

325 S.W.2d 958 (1959)

Harvey RENTZ et al., Appellants, v. FIRST NATIONAL BANK IN CORSICANA et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied July 16, 1959.

Attorney(s) appearing for the Case

Butler, Binion, Rice & Cook, Jack Binion and John L. McConn, Jr., Houston, for appellants.

Roe, Ralston & McWilliams, Mays & Jacobs, Corsicana, J. W. Hassell, Jr., Dallas, Will Wilson, Atty. Gen., Mary K. Wall and James H. Rogers, Asst. Attys. Gen., for appellees.

WILSON, Justice.

This action is to test the validity of the following clause of a will:

"At the death or deaths of my sisters and my three nieces — I direct all the property be held in trust by First Nat. Bank Corsicana as a charitable trust."

The trial court determined that this language created a valid and enforceable charitable trust. Appellants say the provision is void for uncertainty because (1) it does not empower anyone to select from...

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