Eisen v. CAPITAL ONE, NATIONAL ASSOCIATION

OPINION

STEVE McKEITHEN, Chief Justice.

This is an appeal from a summary judgment in a declaratory judgment action which sought construction of the will of Irving Eisen. Elizabeth Eisen raises one issue on appeal. We reverse and render.

BACKGROUND

Irving Eisen died on October 4, 1999. In a will executed on September 3, 1998, Eisen left his interest in his residence and his assets held in trust at Chase Bank of Texas, N.A.1 (“Chase Bank”) to Chase Bank as trustee “for the benefit of my *311wife, Elizabeth Eisen[.]” Under the terms of the trust, the trustee is to make installment payments to Elizabeth…