# Rust v. Rust

> Texas Supreme Court · November 3, 1948 · 147 Tex. 181

URL: https://www.frixlaw.com/law-library/cases/3976369

## Case

- **Full name:** Margene Welch Rust, Individually and as Guardian of Margene A. Rust v. George Foster Rust and Armstead Dudley Rust, Independent Executors and Trustees of the Estate of John Y. Rust, Deceased, and Others
- **Court:** Texas Supreme Court
- **Decided:** November 3, 1948
- **Citations:** 147 Tex. 181; 214 S.W.2d 462; 1948 Tex. LEXIS 442
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** MR. CHIEF JUSTICE McCLENDON delivered the opinion of the Court of Civil Appeals, approved by the Supreme Court.
- **Cited by:** 37 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3976369

## Opinion text

* In this case, for the convenience of the Bench and Bar, the opinion of the Court of Civil Appeals has been headnoted and both the sylabuses and the opinion are appended to that of the Supreme Court. (Reporter.) *Page 182
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 183
This is a suit to construe the will of John Y. Rust, Jr., to determine whether the provisions thereof disposing of the residuary estate violate Art. I, Sec. 26 of the Constitution of Texas, condemning perpetuities. The trial court upheld all provisions of the will and rendered judgment accordingly. The Court of Civil Appeals for the Third Supreme Judicial District of Texas, in a very able opinion by Honorable James W. McClendon, Chief Justice, affirmed the judgment of the trial court. 211 S.W.2d 262 . Having reviewed the record and the briefs of the parties, we have concluded that we erred in granting the application for a writ of error. We approve the opinion of the Court of Civil Appeals and find it unnecessary to write further on the question.
Judgment of the Court of Civil Appeals affirming that of the trial court, is affirmed.
Opinion delivered November 3, 1948.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3976369. Public record. Not legal advice.