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NORTON FAM. TRUST FIRST NATL. BANK v. SCHMITT

No. 94-CA-1035.

655 So.2d 398 (1995)

In re NORTON FAMILY TRUST FIRST NATIONAL BANK OF COMMERCE, as trustee of the Norton Family Trust, Jean Adair Norton v. Kathleen A. Chopp SCHMITT, as Testamentary Executrix of the Succession of Eileen Jackson Norton.

Court of Appeal of Louisiana, Fifth Circuit.

April 25, 1995.

Attorney(s) appearing for the Case

Mark S. Goldstein, Alicia M. Bendana, Howard, Laudumiey, Mann, Reed & Goldstein, New Orleans, for appellant Jean Adair Norton.

Sessions & Fishman, L.L.P., Max Nathan, Jr., Carole Cukell Neff, New Orleans, for appellee Kathleen A. Chopp Schmitt.

Kenneth A. Weiss, Roger C. Linde, McGlinchey Stafford Lang, New Orleans, for appellee First Nat. Bank of Commerce.

Before GRISBAUM, DUFRESNE and CANNELLA, JJ.

CANNELLA, Judge.

First National Bank of Commerce, Trustee of the Norton Family Trust, filed a Petition For Instructions and ordered the trust beneficiaries to show cause why the principal invasion requested by the income beneficiary should not be paid by the trustee. The trial court, by judgment dated October 14, 1994, ordered the trustee to invade the corpus of the trust in the amount of $6,500 per month in favor of Eileen Jackson Norton commencing from June 21,...

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