Aberg v. First National Bank in Dallas

CLAUDE WILLIAMS, Justice.

This is a case of first impression in Texas involving the question of acceleration of contingent remainders caused by renunciation of a prior estate.

The suit was filed by First National Bank in Dallas, as trustee, seeking a declaratory judgment pursuant to Art. 2524-1, Vernon’s Ann.Civ.St. of Texas, commonly referred to as the Uniform Declaratory Judgments Act, and also seeking instructions from the court pursuant to the provisions of Art. 7425b-24, V.A. C.S., commonly known as the Texas Trust Act.

The facts are undisputed. T. W. Var-dell and wife, Lela Barry Vardell,…