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Ruby v. Green

535 S.W.2d 385 (Tex. Civ. App. 1976)
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Ruby v. Green

2 Citing cases

  1. Corpus Christi Bank & Trust v. Roberts

    587 S.W.2d 173 (Tex. Civ. App. 1979)   Cited 20 times   1 Legal Analyses
    Holding that an exculpatory clause covering acts in conformity with the trust does not cover acts in excess of the powers granted where the trustee himself benefitted

    As a general rule, the courts, in construing both trusts and wills, attempt to ascertain the intent of the maker. Stewart v. Selder, 473 S.W.2d 3 (Tex.Sup. 1971); Corpus Christi National Bank v. Gerdes, 551 S.W.2d 521 (Tex.Civ.App. Corpus Christi 1977, writ ref'd n.r.e.); Ruby v. Green, 535 S.W.2d 385 (Tex.Civ.App. Corpus Christi 1976, writ ref'd n.r.e.). If the language of the instrument is unambiguous and expresses the intention of the maker, it is unnecessary to construe the instrument because such instrument speaks for itself.

  2. Corpus Christi Natl. v. Gerdes

    551 S.W.2d 521 (Tex. Civ. App. 1977)   Cited 20 times
    Holding that bank which requested submission of trustee compensation and attorney's fees issues to jury could not complain on appeal that these were issues for the trial judge

    The general rule of construction for both trusts and wills is to ascertain the intent of the maker. Stewart v. Selder, 473 S.W.2d 3 (Tex.Sup. 1971); Ruby v. Green, 535 S.W.2d 385 (Tex.Civ.App. Corpus Christi 1976, writ ref'd n. r. e.). But if the language of the instrument is unambiguous and expresses the intention of the maker, it is unnecessary to construe the instrument because it speaks for itself.