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ECKELS v. DAVIS

No. 2-02-037-CV.

111 S.W.3d 687 (2003)

Diane Davis ECKELS and John Byron Davis, Appellants, v. Marceil Brewster DAVIS and Paul Hesse Welch, Individually and as Independent Co-Executors Under Last Will and Testament of J.B. Davis, and Paul Hesse Welch, Individually and as Co-Trustee of the J.B. Davis Living Trust, Appellees.

Court of Appeals of Texas, Fort Worth.

June 19, 2003.

Attorney(s) appearing for the Case

Judith P. Kenney & Associates, P.C., and Judith P. Kenney, Addison, for appellants.

Jackson Walker L.L.P., John A. Keopke, A. David Gross, Michael Byrd, Dallas, Wilson & White, L.L.P., William L. White, Fort Worth, for appellees.

Panel B: HOLMAN, GARDNER, and WALKER, JJ.

OPINION

SUE WALKER, Justice.

I. Introduction

This is a summary judgment appeal from a declaratory judgment action construing the terms of a living trust. The trust identified two numbered accounts at a financial management company as the trust corpus. The primary issue we address in this appeal is whether the financial management company's unilateral act of renumbering one of the accounts for internal...

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