Legal Opinion

West Texas Bank & Trust Co. v. Matlock

Court of Appeals of Texas

Decided December 5, 1914No. 5365. [fn†]PublishedCited by 4 opinions

Appeal from District Court, Bexar County; S. G. Tayloe, Judge. Action by the West Texas Bank & Trust Company, executor, against A. L. Matlock and others, trustees. From a judgment for defendants, plaintiff appeals.

1Opinion of the CourtFly, C. J.

Appellant, as the executor of the last will and testament of Dr. O. F. Simmons, deceased, instituted this suit to recover from A. L. Matlock and A. M. Avant, as trustees, a trust fund of $50,000, received by them on or about December 28, 1908, from R. L. Ball, J. P. Barclay, and E. P. Simmons, trustees.

It was alleged in the petition that Dr. Simmons died on November 4, 1910, and that appellant was duly appointed the executor of his last will and testament; that on or about December 28, 1908, there was a deposit in the National Bank of Commerce of $50,000 in the names of R. L. Ball, J. P.…

2Cases cited3 opinions

  1. Ebell v. BursingerTexas Supreme Court · 1888
  2. Gilder v. HearneTexas Supreme Court · 1890
  3. Turnbull v. PomeroyMassachusetts Supreme Judicial Court · 1885

3Cited by4 opinions

  1. Collins v. Lyon, Inc.Supreme Court of Virginia · 1943
  2. Kimble v. BakerCourt of Appeals of Texas · 1955
  3. West Texas Bank & Trust Co. v. MatlockTexas Commission of Appeals · 1919
  4. Cogdell v. Fort Worth National BankCourt of Appeals of Texas · 1976

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