Diane Davis Eckels and John Byron Davis v. Marceil Brewster Davis and Paul Hesse Welch, Individually and as Independent Co-Executors Under Last Will and Testament of J.B. Davis, and Paul Hesse Welch , Individually and as Co-Trustee of the J.B. Davis Living Trust

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-02-037-CV

DIANE DAVIS ECKELS AND JOHN BYRON DAVIS APPELLANTS

V

MARCEIL BREWSTER DAVIS AND PAUL HESSE APPELLEES

WELCH, INDIVIDUALLY AND AS INDEPENDENT

CO-EXECUTORS UNDER LAST WILL AND

TESTAMENT OF J.B. DAVIS, AND PAUL HESSE

WELCH, INDIVIDUALLY AND AS CO-TRUSTEE

OF THE J.B. DAVIS LIVING TRUST

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FROM PROBATE COURT NO. 1 OF TARRANT COUNTY

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OPINION

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I. Introduction

This is a summary judgment appeal from a declaratory judgment action construing the terms of a living trust. The trust identified two numbered accounts at a financial…