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IN RE TOWNLEY BYPASS UNIFIED CREDIT TRUST

No. 06-07-00025-CV.

252 S.W.3d 715 (2008)

In re TOWNLEY BYPASS UNIFIED CREDIT TRUST.

Court of Appeals of Texas, Texarkana.

Decided April 9, 2008.

Attorney(s) appearing for the Case

William E. Wylie, William E. Wylie, PC, Keith Dollahite, Keith Dollahite, PC, Tyler, J.R. "Rusty" Phenix, Phenix, Phenix & Crump, Henderson, for appellant.

L. Charles Van Cleef, Van Cleef Law Offices, PC, Clifton L. "Scrappy" Holmes, Holmes & Moore, PLLC, Longview, for appellee.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

OPINION

Opinion by Justice CARTER.

Does a spendthrift provision in a trust preclude the remainder beneficiary from devising by a will his interest in the assets of the trust estate?

1. Facts and Background

W.D. Townley's will contained a trust leaving a life estate to Josie Townley, his wife. Upon her death, the trust was to terminate and the remainder of the assets was to be split between the two children, Billy Ray Townley...

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