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STATE OF CAL. DEPT. OF M. HYG. v. BANK OF S.W. NAT. ASS'N

No. A-8640.

354 S.W.2d 576 (1962)

The STATE OF CALIFORNIA DEPARTMENT OF MENTAL HYGIENE, Petitioner, v. BANK OF the SOUTHWEST NATIONAL ASSOCIATION et al., Respondents.

Supreme Court of Texas.

Rehearing Denied March 21, 1962.

Attorney(s) appearing for the Case

Stanley Mosk, Atty. Gen., Sacramento, Cal., Elizabeth Palmer, Deputy Atty. Gen., Dillingham, Schleider & Lewis (Ben H. Schleider, Jr., and John S. Brunson, Houston, with firm), Sam L. Sterrett, Jr., Houston, for petitioner.

Baker, Botts, Andrews & Shepherd, Houston (Wm. R. Choate, Houston, with firm), for respondents.

NORVELL, Justice.

This is a suit to recover moneys expended in caring for the beneficiary of a support trust. The case turns upon the construction of the trust instrument. The State of California Department of Mental Hygiene sued the Bank of the Southwest, as trustee, and the heirs of Henrietta Cargill Adkins, a beneficiary of the trust, claiming some $5,000 was due the department under the terms of a testamentary trust established by Ennis Cargill. The trial court...

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