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INTERFIRST BANK OF FORT WORTH, N.A. v. KING

No. 12-85-00175-CV.

722 S.W.2d 18 (1986)

INTERFIRST BANK OF FORT WORTH, N.A., Independent Executor of the Estate of R. King Burton, Deceased, Appellant, v. Earl KING, Jr., and Gere King O'Brien, Appellees.

Court of Appeals of Texas, Tyler.

October 27, 1986.

Attorney(s) appearing for the Case

David C. Bakutis, Fort Worth, for appellant.

Robert A. Anderson, Longview, for appellees.

BILL BASS, Justice.

Earl King, Jr., and Gere King O'Brien, the surviving income beneficiaries of a testamentary trust created by the will of R.E. King, brought this suit alleging that the trustee was not required to allocate and set aside for the benefit of the remaindermen a "depletion reserve" of twenty-seven and one-half percent of the oil and gas royalties received by the trust. They asked that the trustee be ordered instead to distribute all royalty payments...

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