Virginia L. Looney Et Vir, and Emma L. Baker v. Capital National Bank of Austin, Texas

RIVES, Circuit Judge.

The district court dismissed for want of jurisdiction a complaint seeking a *437declaratory judgment1 to the effect that a testamentary trust of a residuary estate is void and unenforceable as vio-lative of the rule against perpetuities and because the objects of the trust have failed, and are contrary to public policy. The grounds upon which the trust is attacked do not include lack of testamentary capacity, improper execution of the will, or illegal probate. Indeed, the complaint concedes that, except for the claimed illegal trust, the will is valid and effective. The…