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PRICE v. JOHNSTON

No. 2050.

638 S.W.2d 1 (1982)

Cecile Morris PRICE, et vir, Appellants, v. Robert M. JOHNSTON, et al, Appellees.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied May 27, 1982.

Second Motion for Rehearing Denied June 30, 1982.

Attorney(s) appearing for the Case

Kevin Cullen, Cullen, Carsner, Seerden & Williams, Victoria, for appellants.

Joseph P. Kelly, Jack Marr, Kelly Stephenson & Marr, O. F. Jones, Victoria, for appellees.

Before NYE, C.J., and UTTER and KENNEDY, JJ.

OPINION

NYE, Chief Justice.

This is an appeal from a summary judgment in favor of defendants in a suit brought by the beneficiary of a testamentary trust. The suit sought removal of the trustee and cancellation of a deed which conveyed trust property from the trustee to a relative of the trustee.

The trust instrument was the will of Rose Morris. It created two trusts, one (which we will refer to as the "Price" trust) for the

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