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HUBER v. CALCASIEU MARINE NAT. BANK OF LAKE CHARLES

No. 3845.

262 So.2d 404 (1972)

Thomas L. HUBER, Jr., et al., Plaintiffs and Appellants, v. CALCASIEU MARINE NATIONAL BANK OF LAKE CHARLES, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

May 18, 1972.

Attorney(s) appearing for the Case

Cox & Cox, by James J. Cox, Lake Charles, and Max Nathan, Jr. of Sessions, Fishman, Rosenson, Snellings & Boisfontaine, New Orleans, for plaintiffs-appellants.

Camp, Carmouche, Palmer, Carwile & Barsh, by A. J. Gray, III, Lake Charles, for defendant-appellee.

Before SAVOY, CULPEPPER and DOMENGEAUX, JJ.

CULPEPPER, Judge.

This is a suit for damages for breach of an inter vivos trust. The district judge sustained an exception of no right of action and dismissed plaintiffs' suit. Plaintiffs appealed.

The facts show that by an instrument dated July 30, 1964, Mrs. Susan Huber created an inter vivos trust, naming herself as both the principal and income beneficiary. The Calcasieu Marine National Bank of Lake Charles was designated trustee. The trust property consisted...

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