James N. Barrows v. Charles G. Ezer

This controversy arose over the last will and testament of George R. Canada who died in 1958. The will was admitted to probate the same year in the county court of Chambers County. The appellee, Charles Ezer (Ezer), was named as independent executor of the will. The will provided for the creation of a trust naming Canadas widow, Winifred Adair Canada, and Ezer as co-trustees. Mrs. Canada was named as the lifetime beneficiary of the trust, and upon her death its terms provided the assets of the trust would be transferred to a second trust created by the will. The second testamentary trust named Ezer and Gil Phares as co-trustees and called for specific bequests to be made to various individuals. The remainder of the trust assets were then to be delivered to Ezer by the co-trustees. Mrs. Canada died on June 14, 1978, thereby invoking the terms of the first trust requiring the assets to be transferred to the second trust and the specified distribution. Gil Phares and other named substitute co-trustees refused to serve with Ezer resulting in a suit being filed by Ezer, as independent executor of the estate of George R. Canada, in the District Court of Chambers County to determine how to carry out the terms of the second trust and for the appointment of a co-trustee. That suit was given the cause number 8149.