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FIRST NATIONAL BANK OF CORSICANA v. DeFOE

No. 4289.

384 S.W.2d 926 (1964)

The FIRST NATIONAL BANK OF CORSICANA, Texas, Appellant, v. Carrie Tatum DeFOE et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied December 10, 1964.

Attorney(s) appearing for the Case

Roe, Ralston & Brown, Corsicana, Waggoner Carr, Atty. Gen., J. Gordon Zuber, Asst. Atty. Gen., Austin, for appellant.

Mays, Jacobs & Pevehouse, Corsicana, for appellees.

WILSON, Justice.

Appellees are the heirs of the deceased brothers and sisters of testator. Their action against appellant as trustee requires construction of a probated will, material portions of which, following specific bequests, are:

"Fourth: I give and bequeath unto sister Anna and brother Robert Tatum the remainder of my estate that I be possessed of at my death, real and personal and mixed remaining after payment of my debts, to be equally divided between...

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