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ROBERTS v. SQUYRES

No. 09-98-034CV.

4 S.W.3d 485 (1999)

Jamie Reese ROBERTS, Individually and as Independent Co-Executor of the Estate of Virginia R. Reese and Whitney Elizabeth Reese, Tindal Harding Reese, John B. Reese, and Courtney King Reese, Appellants, v. Charlotte Jane SQUYRES, Shane Hastings Squyres, and First Bank and Trust East Texas, Appellees.

Court of Appeals of Texas, Beaumont.

Decided November 18, 1999.

Rehearing Overruled December 9, 1999.

Attorney(s) appearing for the Case

Deborah J. Race, Ireland, Carroll & Kelly, Tyler, for appellant.

Walter L. Borgfeld, Jr., Robert T. Cain, Jr., Zeleskey, Cornelius, Hallmark, Roper & Hicks, Lufkin, for appellee.

Before WALKER, C.J., BURGESS and STOVER, JJ.

OPINION

RONALD L. WALKER, Chief Justice.

This appeal arises from a declaratory judgment action filed by First Bank & Trust East Texas ("Bank") to determine rights to assets of a trust created in 1971 by Eddy Taylor Clark III ("Clark III"), now deceased, for the benefit of his son, Eddy Taylor Clark IV ("Clark IV), also now deceased. The trial court ruled that the estate of Clark IV was entitled to the trust...

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