Legal Opinion
Soto v. First Gibraltar Bank, FSB San Antonio
Texas Court of Appeals, 4th District (San Antonio)
Decided December 29, 1993No. 04-93-00202-CVPublishedCited by 6 opinions
1Opinion of the Court
OPINION
PEEPLES, Justice.
Appellant’s motion for rehearing is denied. Our opinion of November 17, 1993, is withdrawn and replaced by the following.
The sole issue in this appeal is whether a bank may offset funds in a revocable, nontes-tamentary trust account against a debt the settlor-trustee owes the bank. Appellant Nora Soto and her husband Lorenzo opened the trust account in 1989 for their daughter Alisha-Brandie. Both parents were trustees with the right to revoke the trust, acting together, and withdraw funds from it, rights neither of them exercised. When Lorenzo’s personal account became…
2Cases cited15 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- National Indemnity Co. v. Spring Branch State BankTexas Supreme Court · 1961
- First Natl. Bank of Schulenburg v. WinklerTexas Supreme Court · 1942
- Westerfeld v. HuckabyTexas Supreme Court · 1971
- Grimsley v. GrimsleyCourt of Appeals of Texas · 1982
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Leigh Gomer v. Altha/Ann Steinlage, Donald Davis and Ruby Davis, Texas Court of Appeals, 1st District (Houston)2013
- Olbres v. Hampton Cooperative BankSupreme Court of New Hampshire · 1997
- Farrell v. CoulterMissouri Court of Appeals · 1995
- Leigh Gomer v. Altha/Ann Steinlage, Donald Davis and Ruby Davis, Texas Court of Appeals, 1st District (Houston)2013
- Leigh Gomer v. Altha/Ann Steinlage, Donald Davis and Ruby Davis, Texas Court of Appeals, 1st District (Houston)2013
1 more not listed; retrieve them via the Exa API.