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BERGFELD v. CAMPBELL

No. 7449.

367 S.W.2d 364 (1963)

Mary R. BERGFELD and Bertha Bergfeld Ahlschlager, Trustees under the Will of Rudolph L. Bergfeld, Deceased, Rudolph Pabst Bergfeld Cestui Que Trust, Appellants, v. Ellis CAMPBELL, Jr., District Director of Internal Revenue, Appellee.

Court of Civil Appeals of Texas, Texarkana.

April 16, 1963.

Attorney(s) appearing for the Case

Smith & Smith, Tyler, for appellants.

Wm. Wayne Justice, U. S. Dist. Atty., Lloyd W. Perkins, Asst. U. S. Dist. Atty., Carolyn Just, Dept. of Justice, Lee A. Jackson, Chief Appellate Section, Louis F. Oberdorfer, Asst. Atty. Gen., Washington, D. C., for appellee.

Henry Schwartz, Tyler, for the Cestui Que Trust.

CHADICK, Chief Justice.

This is an appeal from an order sustaining a plea of privilege as to venue. The judgment of the trial court is reformed and as reformed is affirmed.

The underlying action is a suit by Mary R. Bergfeld and Bertha Bergfeld Ahlschlager, Trustees of a trust created by the will of Rudolph L. Bergfeld, Deceased, against Rudolph Pabst Bergfeld, the beneficiary thereof, for a construction of the trust provision of the will, as authorized by...

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