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SOTO v. FIRST GIBRALTAR BANK

No. 04-93-00202-CV.

868 S.W.2d 400 (1993)

Nora A. SOTO, Trustee for and Next Friend of Alisha-Brandie Soto, Appellant, v. FIRST GIBRALTAR BANK, FSB SAN ANTONIO, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied December 29, 1993.

Attorney(s) appearing for the Case

Jonathan Yedor, San Antonio, for appellant.

Ray B. Jeffrey, John P. Guillory, Akin, Gump, Strauss, Hauer & Feld, San Antonio, for appellee.

Before BUTTS, PEEPLES and LOPEZ, JJ.

OPINION

PEEPLES, Justice.

Appellant's motion for rehearing is denied. Our opinion of November 17, 1993, is withdrawn and replaced by the following.

The sole issue in this appeal is whether a bank may offset funds in a revocable, nontestamentary trust account against a debt the settlor-trustee owes the bank. Appellant Nora Soto and her husband Lorenzo opened the trust account in 1989 for their daughter Alisha-Brandie. Both parents were trustees with...

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