(Download) "Eckels V. Davis" by Texas Court of Appeals " eBook PDF Kindle ePub Free

eBook details

Title: Eckels V. Davis
Author : Texas Court of Appeals
Release Date : January 19, 2003
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 55 KB

Description

This is a summary judgment appeal from a declaratory judgment action construing the terms of a living trust. The trust identified two numbered accounts at a financial management company as the trust corpus. The primary issue we address in this appeal is whether the financial management company's unilateral act of renumbering one of the accounts for internal bookkeeping reasons transformed the assets in the renumbered account into non-trust assets. We hold that the renumbering of the account created a latent ambiguity, which was properly resolved by the admission of extrinsic evidence, and did not indicate any change in J.B. Davis's intent to distribute the account's assets through the terms of the trust. Therefore, we will affirm the trial court's judgment.