Frost National Bank of San Antonio v. Newton

HALL, Justice.

The Frost National Bank of San Antonio is independent executor of the will of Louise M. Cozby, deceased, and trustee of the trust estate created in the will. The Bank brought this suit in both capacities seeking a declaratory judgment as to whether, under the terms of the will, the trust has terminated or should be terminated.

The will was executed by Mrs. Cozby on August 25, 1965. Following several bequests and the devise of a life estate in the testatrix’s homestead to her husband, Rex-ford S. Cozby, the will provides in parts relevant to this appeal as follows:

“TRUST ESTATE

“I…