ORTEGA v. FIRST REPUBLICBANK FORT WORTH

No. C-8181.

792 S.W.2d 452 (1990)

Trina Gay ORTEGA and Eva Jalene Roberts, Petitioners, v. FIRST REPUBLICBANK FORT WORTH, N.A., Trustee, et al., Respondents.

Supreme Court of Texas.

February 28, 1990.


Attorney(s) appearing for the Case

John D. Copeland, Andrea Winters, Dallas, for petitioners.

Richard L. Bourland, Rick K. Disney, Allan Howeth, David C. Bakutis, Fort Worth, and Thomas S. Burke, Dallas, for respondents.


OPINION ON REHEARING

RAY, Justice.

Petitioners' and respondents' motions for rehearing are overruled. However, we withdraw our opinion of November 15, 1989 and substitute the following.

J.B. Tubb set up a testamentary trust. Nine years after Tubb's death, in 1963, the trustee filed a declaratory judgment suit to resolve the question of whether adopted children were beneficiaries of the trust. The trial court ruled that adopted children were not beneficiaries...

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