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CORPUS CHRISTI NAT. BANK v. GERDES

No. 1136.

551 S.W.2d 521 (1977)

CORPUS CHRISTI NATIONAL BANK, Co-Trustee, Appellant, v. Clyde H. GERDES, Individually and as Receiver of the Estate of Casper Gerdes, Jr., Deceased, et al., Appellees.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied June 2, 1977.

Attorney(s) appearing for the Case

Lev Hunt, Kleberg, Mobley, Lockett & Weil, Corpus Christi, for appellant.

Charles Cunningham, Corpus Christi, for appellees.

OPINION

YOUNG, Justice.

In this appeal the primary question to be resolved is whether an exculpatory provision in a trust document specifying that a trustee shall not be liable for any mistake, error of judgment, or negligence is binding on the beneficiaries of the trust. We hold that the provision here is binding.

The Corpus Christi State National Bank (now Corpus Christi National Bank) was designated independent executor and co-trustee in the will...

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