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CITIZENS NATIONAL BANK OF WACO v. DONATH

No. 3962.

355 S.W.2d 82 (1962)

The CITIZENS NATIONAL BANK OF WACO, Appellant, v. Christena DONATH et vir, Appellees.

Court of Civil Appeals of Texas, Waco.

February 1, 1962.

Attorney(s) appearing for the Case

Bryan, Maxwell, Wilson & Olson, Waco, for appellant.

Naman, Howell, Smith & Chase, Waco, for appellees.

WILSON, Justice.

Declaratory judgment was rendered construing the following provisions in a will:

"It is my will that four hundred fifty (450) shares of Franklin Life Insurance Company, common stock, be excepted from the terms of this Trust and pass outright so that each of the following named beneficiaries will receive one hundred fifty (150) shares of this stock immediately. "A. C. Donath of El Monte, California, 150 shares or if he is not living...

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