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FIRST NAT. BANK OF LAKE CHARLES v. AUSTIN

No. 00-385.

771 So.2d 788 (2000)

FIRST NATIONAL BANK OF LAKE CHARLES, Trustee of the Charles and Mary Austin Trust for Ruth E. Austin v. Jessie Y. AUSTIN, et al.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied January 5, 2001.

Attorney(s) appearing for the Case

Aubrey White, III, Stockwell, Sievert, Viccellio, Clements & Shaddock, Lake Charles, LA, Counsel for First National Bank of Lake Charles, Plaintiff-Appellee.

Russell J. Stutes, Jr., Scofield, Gerard, Veron, Singletary & Pohorelsky, Lake Charles, LA, Counsel for Stephen H. Austin, Victoria Austin and Elizabeth Eppler, Defendants-Appellees.

Thomas P. LeBlanc, Lundy & Davis, Lake Charles, LA, Counsel for Jessie Y. Austin, Defendant-Appellant.

Before WOODARD, DECUIR, and PETERS, Judges.

DECUIR, Judge.

The trustee of a 1969 inter vivos trust filed this petition upon the death of a beneficiary, seeking judicial instruction on how to distribute future income of the trust. Faced with the question of whether the income should go to the remaining beneficiaries or the surviving spouse and residual legatee of the deceased beneficiary, the trial judge determined that the Louisiana Trust Code, in the absence of contrary language in the trust instrument, requires...

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