Lemon v. Hall

OPINION

SOSA, Senior Justice.

In this appeal, we reverse the trial court’s partial summary judgment in favor of appellees.

The Last Will and Testament of Nelle Scheurich created a trust for the support and maintenance of Bernice Potter, Carlos Hall, Carlos Hall, Jr., and Karla Gutierrez. The Carlsbad National Bank (Bank) was designated as trustee. The trust provided for fixed monthly sums to be paid the beneficiaries, and gave the Bank discretion to increase or decrease the monthly sums according to inflation, each beneficiary’s need, or both.

In 1976, due to inflationary conditions, the Bank and…