Res 1996-082 - Laserfiche WebLink

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EX:,-fIBI'L' "A" J3F Cause No. 3064 - SEGUIN STATE BAl'Œ:.AJ.'ID '* IN THE COUNTY COURT TRUST COMPANY '* '* VS. '* AT LAW '* THE PRESBYTERIAN CIDLDREN'S '* HO~Œ, THE CITY CEMETERY OF '* SAN MARCOS, AND THE REDWOOD '* CE~ŒTERYASSOC~TION '* GUADALUPE COUNTY, TEXAS AGREED JUDGMENT On , 1996 the Court considered Plaintiff's Motion for entry of Agreed Judgment. The Court has considered the terms of the compromise settlement agreement entered into by the parties to this suit, and finds that all parties to this suit have consented to the terms of this judgment. The Court finds that this Court has jurisdiction over the controversy. The Court further . finds that venue is proper in Guadalupe County, Texas. The Court further finds that all parties necessary to this Declaratory Judgment action have been joined. The Court further finds that the testamentary trust set forth in Paragraph II of the Last Will and Testament of Edward PuIs (the "Trust") violates the rule against perpetuities as set forth in §1l2.036 of the Texas Trust Code. The Court further finds that the Trust cannot be reformed pursuant to §5.043 of the Texas Property Code to effect the ascertainable general intent of the créator of the Trust. The Court further finds that dissolving the Trust and dividing the Trust corpus among the parties as set forth in the Compromise Settlement Agreement executed by all of the parties will most closely affect the ascertainable general intent of Edward PuIs, the creator of the Trust. IT IS THEREFORE ORDERED that the Trust is hereby dissolved. IT IS FURTHER ORDERED that Seguin State Bank and Trust Company shall liquidate the Trust and distribute the funds according to the terms of the Compromise Settlement Agreement entered into by the parties to this suit. IT IS FURTHER ORDERED that the Compromise Settlement Agreement entered into