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CITY OF AUSTIN v. AUSTIN NATIONAL BANK OF AUSTIN

No. B-3771.

503 S.W.2d 759 (1973)

The CITY OF AUSTIN et al., Petitioners, v. The AUSTIN NATIONAL BANK OF AUSTIN, Texas, et al., Respondents.

Supreme Court of Texas.

Rehearing Denied January 16, 1974.

Attorney(s) appearing for the Case

Don R. Butler, City Atty., Richard E. Tulk, Asst. City Atty., Jack F. Cook, Jr., Davenport & Davenport, John Davenport, John L. Hill, Atty. Gen., Robert L. Lemens, Asst. Atty. Gen., Austin, Texas, for petitioners.

Hart & Keahey, James P. Hart, Brown, Maroney, Rose, Baker & Barber, Robert L. Davis, Peter P. Zaremba, Kendall, Randle, Finch & Osborn, Gibson R. Randle, Austin, for respondents.

POPE, Justice.

Austin National Bank, plaintiff and executor of the estate of Mrs. Mary Mayfield Gutsch, obtained a judgment in this declaratory action that Mrs. Gutsch intended by her will that the residue of her estate should be held in a perpetual charitable trust with the Austin National Bank as trustee and the Humane Society of Austin and Travis County as the beneficiary. The trial court also construed the will as giving to Ann Knight Hoey a choice of all tangible...

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