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FEWELL v. REPUBLIC NATIONAL BANK OF DALLAS

No. 4707.

513 S.W.2d 596 (1974)

Patricia Murray FEWELL and George H. Fewell, Appellants, v. REPUBLIC NATIONAL BANK OF DALLAS et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied September 13, 1974.

Attorney(s) appearing for the Case

Claude R. Wilson, Jr. (Golden, Potts, Boeckman & Wilson), Dallas, for appellants.

J. Harris Morgan (Morgan, Smith & Crouch), Greenville, John A. Mackintosh Jr. (Thompson, Knight, Simmons & Bullion), Dallas, Charles D. Mayes (Carter, Jones, Magee, Rudberg, Moss & Mayes), William W. Sweet, Jr., (Bowyer, Thomas & Sweet), Dallas, Paul D. Hoover (Locke, Purnell, Boren, Laney & Neely), Dallas, for appellees.

McCLOUD, Chief Justice.

The issue to be decided is whether the settlor-beneficiary of an irrevocable trust, containing a spendthrift provision, can terminate the trust when the other beneficiaries do not consent to the termination.

Appellants, Patricia Murray Fewell, the settlor-beneficiary, and her husband, George H. Fewell, sought a judicial termination of the trust. Opposing such termination were appellees, Republic National Bank of Dallas, the trustee...

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