KNEBEL v. CAPITAL NATIONAL BANK IN AUSTIN

No. 11841.

469 S.W.2d 458 (1971)

Burwell KNEBEL et al., Appellants, v. The CAPITAL NATIONAL BANK IN AUSTIN et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied July 21, 1971.


Attorney(s) appearing for the Case

Russell J. Horn, Byron Lockhart, Austin, for appellants.

Sneed, Vine, Wilkerson & Selman, Louis Scott Wilkerson, Carl C. Hardin, Jr., Peter P. Zaremba, Hart, Keahey & Hart, James P. Hart, Austin, for appellees.


SHANNON, Justice.

This appeal involves construction of the will of Edmund Perry Knebel who died September 5, 1965. The will, executed on November 1, 1955 and duly probated in Travis County, named The Capital National Bank in Austin as Independent Co-Executor in which capacity the bank filed a declaratory judgment action to construe the will.

In the residuary clause of the will, Knebel, afterwards called "testator...

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