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CUTRER v. CUTRER

No. A-7889.

345 S.W.2d 513 (1961)

Charlotte CUTRER, Guardian of the Estate of Jeffrey Hermann Cutrer, a Minor, Petitioner, v. John Clark CUTRER, Jr., and the National Bank of Commerce of San Antonio, Trustee, Respondents.

Supreme Court of Texas.

Rehearing Denied May 10, 1961.

Attorney(s) appearing for the Case

Lang, Byrd, Cross, Ladon & Oppenheimer, Stanley D. Rosenberg, San Antonio, with above firm, for petitioner.

Stahl & Sohn, Schweppe, Schweppe & Allison, San Antonio, for respondent John Clark Cutrer, Jr.

Cox, Patterson & Smith, San Antonio, for respondent Nat'l Bank of Commerce of San Antonio, trustee.

WALKER, Justice.

The principal question to be decided in this case is whether Jeffrey Hermann Cutrer, the adopted child of John Clark Cutrer, is one of the "children" or "heirs of the body" of John Clark Cutrer within the meaning of those terms as used in three trust instruments.

Stella Cook, the daughter of F. W. Cook, was first married to John Cutrer. In 1932 she married Dr. Andrew Wessels, but this marriage terminated in 1950 and she is now the wife of...

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