Mitchell v. Mitchell

CODY, Justice.

This suit was brought by Raymond Mitchell, a grandson of Aurelia Mitchell, as a class suit under Rule 42, Texas Rules of Civil Procedure, it being alleged in plaintiff’s petition that Aurelia Mitchell had by her will created a testamentary trust, devising a life estate in an undivided one-half interest in certain land in Liberty County to all of her children, except one, and devising the share that would otherwise have gone to that one child to that child’s children. And plaintiffs alleged that said testatrix provided that the trustees should distribute the remainder, after the…