Van Hoose v. Moore

DENTON, Chief Justice.

This is a suit by the trustee to construe the will and codicil of Electra Waggoner creating a testamentary trust. The trial court, sitting without a jury, held that Albert Buckman Wharton III, as the only “lawful issue” of Albert Buckman Wharton, Jr., was entitled to all of the assets of the Electra Waggoner Trust, including undistributed income. Extensive findings of fact and conclusions of law were filed by the trial court.

W. T. Waggoner and Ella Hassell Wag-goner had three children who survived infancy: Electra, born in 1882; Guy L., born in 1883; and E. Paul, born in…