Nolte v. Meyer

• Decision Date: 27 January 1891
• Citation: 15 S.W. 276
• Court: Texas Supreme Court
• Parties: NOLTE <I>et al.</I> v. MEYER <I>et al.</I>

15 S.W. 276

NOLTE et al. v. MEYER et al.

Supreme Court of Texas.

January 27, 1891.

Appeal from district court, Washington county.

Action by plaintiffs to have trustees appointed by the court to administer a trust under an instrument set out in the opinion. The defendants were trustees, elected by the beneficiaries under the instrument in question. Decree was rendered denying the relief asked by plaintiffs, and defendants appeal.

Bryan & Campbell, for appellants. J. T. & P. H. Swearengen, for appellees.

HENRY, J.

This suit was brought by appellants, who claimed to be beneficiaries thereunder, in behalf of themselves and other alleged beneficiaries, to have trustees appointed, and an interpretation of an instrument reading as follows: "The State of Texas. Washington County: Know all men by these presents, that whereas, the German citizens comprising the neighborhood six miles west of Brenham, in the east edge of the Labade prairie, Washington county, wishing to establish a permanent school to be known as the `Harrisburg Academy,' that I. W. T. Bush, of the aforesaid state and county, for and in consideration of the interest I take in the promotion of education, and the further consideration of the sum of thirty ($30) dollars in specie, the payment of which is secured by a promissory note for that amount, thirty dollars bearing interest at ten per cent. per annum from the 21st day of February, 1868, and made payable on the 1st day of January, 1869, and signed by Wm. Lehde in behalf of the trustees, yet to be appointed, of the aforesaid `Harrisburg Academy,' do this day grant, bargain, sell, and convey a certain tract or parcel of land to the aforesaid German ctizens and trustees, said trustees yet to be appointed by said citizens. Said parcel of land is in the aforesaid state and county, in the Elliott Allcorn league, and is a part of the survey of 361 acres known as the `James B. Wills tract.' Said tract was deeded by said Wills to E. H. Norton by deed bearing date September 29th, 1860, and by the said Norton to me, the said W. T. Bush, bearing date February 11th, 1867. Said lot of land conveyed for school purposes (as shown above) is described and bounded as follows, to-wit: Beginning at the west corner of a survey of 56 acres of land made for John Linn out of the above-described tract of 361 acres, a stake; thence north, 43 degrees east, with said Linn's lane, 75 varas to a stake near a branch or dry gully in prairie, from which a willow 10 inch dia., mkd. X, bears N., 25 E., 30 vs. dis.; thence N., 47 degrees west, 225 vs. to a stake in prairie for...