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Wills, Trusts & Estates Keyed to Gallanis
Brinker v. Wobaco Trust Ltd.
Citation:
610 S.W.2d 160 (Tex. Civ. App. 1980)Facts
Norman and Maureen Brinker, husband and wife, had two children, Cynthia and Brenda. Before Maureen’s death in 1969, Maureen and Norman established an inter vivos trust, called the “Norman E. Brinker Family Trust.” The trust instrument named Norman as the “settlor” and named Maureen and a bank, collectively, as the “trustee.” Maureen’s will, however, appointed Norman as trustee of her residuary estate and directed that after a certain period it should pour over into the inter vivos trust, where it should “be held or disposed of in accordance with the provisions of Article IV” thereof. These trusts named Norman as “settlor,” and provided that if the principal beneficiary dies without issue, the trust assets are to be paid to the “settlor’s issue then living.” In 1971, Norman married Magrit; this marriage produced two children, Christina and Mark. In 1973, Norman conferred with his attorney and decided on a plan to bestow some of Maureen’s residuary estate upon the children of this second marriage.
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