Finger v. School Sisters of the Third Order of St. Francis

SHANNON, Justice.

Appellee, School Sisters of the Third Order of St. Francis, filed suit in the district court of Travis County seeking a declaratory judgment construing the will of Rose Gordon, deceased. Appellant is Mary D. Finger, Executrix of the Estate of Jean Droppleman. On appellee’s motion, the district court entered summary judgment declaring that the will created a trust in ap-pellee’s favor.

We will reverse the judgment and remand the cause to district court.

On August 31, 1967, Rose Gordon died leaving a will which was duly probated. Paragraph IIIB of the will provided:

“B. To JEAN…