El Paso National Bank v. Shriners Hospital for Crippled Children

GREENHILL, Chief Justice.

This is a will construction case.

The wills of Mamie F. and Cesle C. Dues, husband and wife, contain similar provi sions. For purposes of this opinion, they will be considered one. The will and codicil created a charitable trust to be administered by the El Paso National Bank.

Among other things, the will and codicil provided that the trustee should have sole discretion in the distribution of the income of the trust for charitable, scientific, or educational purposes. 1

They also provided that “in so far as practicable, that the property of the foundation be primarily…