Mitchell v. Mitchell

This case is the accounting phase of Mitchell v. Mitchell, 151 Texas 1, 244 S.W. 2d 803, which was severed from the main case by order of the trial court. The basic question for decision in this proceeding, as in the former appeal, is whether the proceeds of oil and gas royalties constitute income under a testamentary trust created by Aurelia Mitchell, testatrix, which should be distributed to life beneficiaries of the trust, or constitute a part of the corpus of the estate to be held by the trustees and eventually distributed to the remaindermen. On the former appeal we held that the…