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STATE OF CAL. DEPT. OF MENTAL HYGIENE v. BANK OF S.W. NAT. ASS'N

No. 3840.

348 S.W.2d 731 (1961)

STATE OF CALIFORNIA DEPARTMENT OF MENTAL HYGIENE, Appellant. v. BANK OF the SOUTHWEST NATIONAL ASSOCIATION et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied August 17, 1961.

Attorney(s) appearing for the Case

Dillingham, Schleider & Lewis, Sam L. Sterrett, Jr., Houston, Stanley Mosk, Atty. Gen. of California, Elizabeth Palmer, Deputy Atty. Gen. of California, for appellant.

Baker, Botts, Andrews & Shepherd, Wm. R. Choate, Houston, for appellees.

McDONALD, Chief Justice.

This is an appeal from a summary judgment that plaintiff take nothing. Plaintiff, State of California Department of Mental Hygiene, filed this case against the Bank of the Southwest, as Trustee of the Estate of Ennis Cargill, deceased; and against the heirs of Henrietta Cargill Adkins (one of the beneficiaries of the trust), seeking to recover moneys expended in taking care of Ruby Tennie Cargill (the other beneficiary of the trust); and for...

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