Legal Opinion

West Texas Bank & Trust Co. v. Matlock

Texas Commission of Appeals

Decided June 11, 1919No. 61-2790PublishedCited by 11 opinions

Error to Court of Civil Appeals of Fourth Supreme Judicial District. Action by the West Texas Bank. & Trust Company, executor, against A. L. Matlock and others, trustees, in which Walter Brown and others intervened. Judgment for defendants was affirmed by the Court of Civil Appeals (172 S. W. 162), and plaintiff brings error.

1Opinion of the CourtTaylor, J.

The plaintiff, West Texas Bank & Trust Company, as executor of the last will and testament of Dr. C. F. Simmons, deceased, instituted this suit against the defendants, A. L. Matlock, A. M. Avant, and A. W. Eastman (who died prior to the trial below), to recover from them, as trustees a trust fund of $50,000. Walter Brown and nine others, acting for themselves and aP others similarly situated, intervened.

The cause was submitted to the jury upou\ one special issue of fact; and upon the an swer to that issue, together with other facts found by the court, judgment was rendered1 for the defendant…

2Cases cited4 opinions

  1. Turnbull v. PomeroyMassachusetts Supreme Judicial Court · 1885
  2. Purvis v. SherrodTexas Supreme Court · 1854
  3. McIlvain v. HockadayCourt of Appeals of Texas · 1904
  4. West Texas Bank & Trust Co. v. MatlockCourt of Appeals of Texas · 1914

3Cited by11 opinions

  1. Slay v. Burnett TrustTexas Supreme Court · 1945
  2. Wong v. Di GraziaCalifornia Supreme Court · 1963
  3. Lower Colorado River Authority v. Chemical Bank & Trust Co.Court of Appeals of Texas · 1945
  4. Atkinson v. KettlerCourt of Appeals of Texas · 1963
  5. Sims v. McMullanCourt of Appeals of Texas · 1929

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