Sowell v. Heins

CLAUDE WILLIAMS, Chief Justice.

First National Bank in Dallas, in its capacity as independent executor of the will of Viola C. Fraser, deceased, brought this action seeking a judicial construction of a portion of the will. The only question presented for determination is whether or not Mrs. Fraser died intestate as to a part of the property she owned at the time of her death and which was the subject of a trust created in the will.

The facts are brief and undisputed. Mrs. Viola Fraser died in November of 1969 and her will and codicil were duly admitted to probate. No one questions the validity…