Perfect Union Lodge No. 10, A.F. And A.M., Of San Antonio, Petitioner, v. Interfirst Bank Of San Antonio, N.A., Guardian of the Estate of Cornelia W. Lumpkin, An Incompetent Person, Respondent, 748 S.W.2d 218

Summary

A testator bequeathed property to his wife during her life and thereafter to petitioner testamentary heir. The will empowered the executors to handle the estate during the life of the wife and as long thereafter as was reasonably necessary to carry out the terms of the will. In an action construing the will, the probate court found that the will created a testamentary trust with the wife as income beneficiary. The one remaining executor was named trustee and ordered to sell property that the probate court had found to be unproductive. The appellate court affirmed. On appeal, the court affirmed, holding that, despite the fact that the testator failed to convey legal title of the property to a trustee, the terms of the will evidenced the testator's intent to create a testamentary trust. The court noted that the will separated the management and control of the testator's residual estate from the beneficial interest conferred upon his wife and that the executors were granted broader powers...