(Download) "Estate Praxedis Canales" by Fourth District, San Antonio Appeal No. 04-91-00476-CV Court of Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Estate Praxedis Canales
- Author : Fourth District, San Antonio Appeal No. 04-91-00476-CV Court of Appeals of Texas
- Release Date : January 17, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Tomas Canales appeals from an order that (1) denied his motion for summary judgment to declare his father's trust arrangement
invalid, (2) denied his motion to remove his brother Terry as executor of his father's estate, (3) granted Terry's motion
for summary judgment declaring the trust valid, and (4) allowed the estate to be closed. At stake is whether the estate of
Praxedis Canales passed in trust to Terry Canales as trustee for Praxedis' three adult children (Terry, Tomas, and Teresa),
or whether the trust arrangement failed and their shares passed to them free and clear. On February 22, 1982, Praxedis Canales executed two instruments: a trust agreement and a will. The trust agreement established
two different kinds of revocable inter vivos trusts. The first trust provided that Praxedis would have income during his lifetime,
and that upon his death the trust assets would pour into separate standby trusts for the benefit of his three children.1
This second set of trusts consisted of the three standby trusts, which would receive the poured-over assets from the first
trust and the assets from Praxedis' probate estate.