Frost National Bank of San Antonio v. Newton

I respectfully dissent.

The terms of Louise Cozby’s will clearly indicate her primary purposes in establishing the trust estate were twofold: (1) to provide an income for life for Rexford Coz-by in the event he survived the testatrix; and (2) to provide for the education of the three student beneficiaries, Warren Wilkinson, Jr., Susan Arnette and Karolen Wilkinson Dittmar. If Rexford Cozby died before the expiration of the term of the trust, as indeed he did, the proportion of the trust principal reserved for his use was to be aggregated with the proportionate share reserved for the students…