Avis v. First National Bank of Wichita Falls

This cause is before us on motion for rehearing. We have decided to withdraw the original opinion in this case and substitute the following in lieu thereof:

This suit was brought by the First National Bank of Wichita Falls0, Texas, as testamentary trustee, to have the last will of J. D. Avis, deceased, construed. The beneficiaries under the trust created by the will, and the ultimate beneficiaries after the ending of the trust, in so far as they were at the time of the suit in being, together with the wives and husbands of such beneficiaries, were made parties defendant. The only question…