In In re Est. of Edward Long, the primary legal issue concerned the interpretation of a will, specifically whether the residuary clause—which bequeathed the residue of the estate to certain trusts for the decedent’s brothers—remained effective at the time of the decedent’s death. No. 06-24-00064-CV, 2025 Tex. App. LEXIS 2899 (Tex. App.—Texarkana April 29, 2025, no pet.). The case involved cross-motions for summary judgment. The trial court granted summary judgment in favor of the decedent’s heir and denied the motion filed by the brothers’ trusts. The court of appeals noted that “Generally, the construction of a will is a power reserved to the trial court that may be exercised in a summary judgment proceeding.” Id.

The court of appeals determined that the trusts named in the will had terminated by their own terms prior to the decedent’s death. The court addressed whether the bequest to these trusts lapsed as a result, and if so, how the residuary estate should be distributed.

The court examined whether the language of the Will was ambiguous and held that the will was unambiguous. Therefore, the court held that extrinsic evidence regarding the possible extension or re-creation of the trusts could not be considered.

The court noted the Texas Estates Code allows a will to devise property to a trust not in existence at the time the will is drafted:

The Texas Estates Code states: (a) A testator may validly devise property in a will to the trustee of a trust established or to be established: (1) during the testator’s lifetime by the testator, the testator and another person, or another person, including a funded or unfunded life insurance trust in which the settlor has reserved any or all rights of ownership of the insurance contracts; or (2) at the testator’s death by the testator’s devise to the trustee, regardless of the existence, size, or character of the corpus of the trust, if: (A) the trust is identified in the testator’s will; and (B) the terms of the trust are in: (i) a written instrument, other than a will, executed before, with, or after the execution of the testator’s will; or (ii) another person’s will if that person predeceased the testator. Tex. Est. Code Ann. § 254.001(a).

Id. However, the court found that the will in question referred specifically to trusts that were already in existence at the time of drafting, not to any future or re-created trusts. The court held that the residuary clause lapsed, and that the residue of the estate was to pass by intestacy to the decedent’s heir-at-law.