Nannle May Wybrants v. Frona Lehman

In 1954 Nannie May Wybrants sued Frona Lehman in the District Court of Palo Pinto County. She alleged that Nell Beeler died leaving a will in which Frona Lehman and another were appointed trustees and executors; that the other person refused to act and Frona Lehman was the sole "trustee and executrix"; that the will was "filed" in the probate court of Palo Pinto County. She set out the provisions of said will which gave her trustees and executors power to manage and control said trust estate as in their judgment seemed best and out of the income or corpus "to expend such sums of money as in their judgment may be necessary and proper for the maintenance, support and comfort of my sister, Nannie May Wybrants, as long as she shall live". In that petition Nannie Wybrants alleged certain questions had arisen which required determination by the district court, to-wit, (1) whether the amount of the payment to plaintiff was left to the arbitrary will or whim of Frona Lehman and (2), if not, by what standards the payments were to be gauged, and (3) whether testatrix intended for plaintiff to be supported out of the Beeler estate without regard for Nannie Wybrants income from other sources. Defendants plea in abatement was sustained. The cause was dismissed. Nannie Wybrants appealed and said judgment of the district court was affirmed. See Wybrants v. Lehman, Tex.Civ.App., 284 S.W.2d 925. Appellants petition for a writ of error was refused.