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SUCCESSION OF WEISS

No. 96-CA-1570.

687 So.2d 1084 (1997)

SUCCESSION OF Seymour WEISS.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied April 4, 1997.

Attorney(s) appearing for the Case

Max Nathan, Jr., David H. Bernstein, Raymond P. Ward, Sessions & Fishman, L.L.P., New Orleans, for Appellee/Bank One, Louisiana, N.A. in its Individual Capacity.

Donald H. McDaniel, William R. Forrester, Lemle & Kelleher, L.L.P., New Orleans, Jane C. Scheuermann, Metairie, for Appellants/John Gerald Weiss, Brad Michael Moore, and Gwendolyn E. Weber.

Charles B. Mayer, James G. Burke, Jr., Burke & Mayer, New Orleans, for Appellee/Bank One, Louisiana, N.A. as Executor of the Succession of Seymour Weiss and as Trustee of the Seymour Weiss Trusts.

James L. Weiss, Scott A. O'Connor, Gordon, Arata, McCollam & Duplantis, L.L.P., New Orleans, for Appellee/Barbara Lane Bronner.

Albert Mintz, William C. Perez, Montgomery, Barnett, Brown, Read, Hammond & Mintz, New Orleans, Marian S. Alexander, Shawn Sullivan, Lake Tindall, L.L.P., Greenville, MS, for Appellees, Seymour Weiss II, et al.

Armand L. Roos, Weems, Wright, Schimpf, Hayter & Carmouche, Shreveport, for Appellees/Barbara Weiss Simon, B. Bruce Simon, Steven N. Simon, and Eileen Simon Ellis.

Before BARRY, PLOTKIN and MURRAY, JJ.

PLOTKIN, Judge.

In this appeal, we consider how proceeds derived from mineral interests held in trust should be allocated between principal and income beneficiaries. Finding that the settlor intended that the proceeds be distributed to the income beneficiaries without withholding any depletion allowance, we affirm the trial judge's ratification of the trustee's past acts.

On September 7, 1965, by statutory will, and by codicil on June 6, 1966,

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