Childs v. National Bank of Austin

MEMORANDUM OF DECISION

JULIUS J. HOFFMAN, Senior District Judge.

This is an action brought pursuant to the diversity jurisdiction of the court in which the plaintiffs, certain beneficiaries of the Judson M. Fuller Trust, seek to recover damages and obtain injunctive relief from the defendants, Patrick S. Filter, the law firm of Carey, Filter and White and the National Bank of Austin. The case proceeded to trial before the court sitting without a jury.

The plaintiffs’ first amended complaint is in three counts and seeks the removal of the present trustee of the Judson M. Fuller Trust, the…