Perfect Union Lodge No. 10 v. Interfirst Bank of San Antonio, N.A.

I respectfully dissent. It is fundamental for the creation of a trust that the legal estate must be vested in the trustee and the equitable estate vested in the beneficiary. Cutrer v. Cutrer, 334 S.W.2d 599, 605 (Tex.Civ.App.—San Antonio 1960) aff'd, 162 Tex. 166, 345 S.W.2d 513 (1961). This will contains no language expressing the testator’s intention that the legal estate vest in the executors or that a trust be created. I would reverse the judgment of the courts below.

Paragraphs IV and V evidence the testator’s intent to devise to his wife a life estate in all the rest and residue of his…