Rust v. Rust

Facts

After a $1,000 legacy to Mrs. Rust, all remaining property is bequeathed in trust to the named executors for the benefit of Margene A. Rust until October 17, 1967, when the property will vest in her free of restrictions.  If Margene dies before this date and has surviving issue, they will inherit the trust property equally. If she dies without issue, the property will pass equally to her surviving siblings and their children, per stirpes. Testator John Y. Rust, Jr. appointed his brothers, George Foster and Armistead Dudley Rust, as independent executors and trustees, with a bank in San Angelo as a substitute trustee. He died on May 6, 1942, and his will was probated on May 26, 1942. His heirs are his surviving wife and daughter, along with his living father, John Y. Rust, Sr., and deceased mother, Agnes B. Rust. His siblings include George (no children) and Armistead (one minor child, Nancy Rust), and sister Sarah Agnes Rust Gordon (one daughter, Jean, and a three-month-old grandson). The executors paid Mrs. Rust’s legacy, renewed the trust deed, and executed two oil and gas leases on the ranch properties.