COMMERCIAL NATIONAL BANK IN NACOGDOCHES v. Hayter

MOORE, Justice.

This is an appeal from a suit by appel-lees seeking a construction of a testamentary trust created by the will of Sam B. Hayter, deceased, and a declaratory judgment. On the 9th day of December, 1957, Sam B. Hayter executed a will. The Will bequeathed to Trustees, Mary Elizabeth Hayter Montgomery, Kelly Bell, and the appellant, Commercial National Bank in Nacogdoches, about 9,000 acres of land (called the Farm), and all his home property on North Street in the City of Nacog-doches, Texas (called the Home Place), in trust until 21 years after the death of his last surviving…