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PERFECT UNION LODGE v. INTERFIRST BANK

No. 04-85-00137-CV.

713 S.W.2d 391 (1986)

PERFECT UNION LODGE NO. 10, OF SAN ANTONIO, A.F. & A.M., and Travis M. Moursund, Independent Executor of the Estate of Anderson H. Lumpkin, Deceased, Appellants, v. INTERFIRST BANK OF SAN ANTONIO, N.A., Guardian of the Estate of Cornelia W. Lumpkin, an Incompetent Person, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied July 31, 1986.

Attorney(s) appearing for the Case

Elwood Cluck, Joe Frazier Brown, Sr., Morris W. Yates, San Antonio, for appellants.

Richard Tinsman, Allan Paterson, San Antonio, for appellee.

Before CADENA, C.J., and ESQUIVEL and TIJERINA, JJ.

OPINION

CADENA, Chief Justice.

Defendants, Travis M. Moursund and Perfect Union Lodge No. 10, appeal from an order of the Probate Court construing certain provisions of the will of Anderson H. Lumpkin as creating a testamentary trust and ordering the trustee, Moursund, to:

1. sell certain real property which the court found had become underproductive and to distribute to the guardian of the estate of Cornelia W. Lumpkin, the life beneficiary of the...

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