*1 generally as appellees other than described deed since all of their those waived deeds, rights portion National Bank of heirs. Davis First under those v. but supra. judgment Waco, construing is the 1933 deed judgment reversed and here rendered fa- our courts have There are cases in which appellant. vor “children,” mean held the word “heirs” to accompanied “heirs” has been part but word Affirmed part and in reversed phrases, clearly qualifying words and and rendered. indicating grantor did not mean sense of those who

heirs in technical heirs, something ultimately

would

in the instrument or in the circumstances clearly

surrounding execution, showing children; convey grantor meant to his case in which it generally it has been a Shelley’s contended Rule ASS’N, LOCAL PROTECTIVE MUSICIANS Shelley’s applied apply Rule and to v. SEMON. 466 A. F. M. OF expressed in- case would have defeated 4898. No. grantor. tent of the Appeals Court Civil of Texas. El Paso. any find In the 1933 deed do not we phrase kind qualifying words or Nov. 1952. clear its face and character. The deed is on Rehearing 1052. Denied Dec. ambiguity.

there is no any peculiar There is cir- evidence grantor showing

cumstances must have children, any prior

meant his or of or con-

temporaneous grantor acts or statements of convey

showing an his chil- interest to

dren. stated,

From what we have based cited, authorities we conclude convey vested re

the 1933 deed did children. Robin grantor’s

mainder to Glenn, Tex.Civ.App., son v. 169; Tex.Sup., 238 affirmed S.W.2d Little, Land Houston

Federal Bank of 173, 107

130 Tex. S.W.2d every part recognize that of an

We given should be harmonized and

instrument done, to if it can be and that the con

effect is

struction which most consistent with the gathered the grantor as accepted conveyance of the

the terms as Butler, one. Hancock v. true para. page 910. Vol. Tex.Jur. given have careful consideration to

We appellees authorities cited but disposed that we have of the case

believe light authorities Texas. court is trial af- insofar it relates to the construc-

firmed placed on the 1930 deed

tion *2 an- defendant Association further plaintiff time swered, was at the saying the accepted an

his was filed and citizenship application for alien with 'an Court on United States District file Paso; appli- at that he dismissed such El subsequently filed another and cation by dismissed one which latter was 1945, prosecute failure to for Court June that on application, and December plaintiff an when was a time at Caufield, Stanley both B. Elifers and E. file, by application on more with alien Paso, appellant. for El majority membership his vote of the than a Paso, appellee. Ward, El for Isaacks & he so noti- membership annulled and was expelled alleged fied. is he was not also SUTTON, himself, by fail- Justice. but that he had rendered complete citizenship 66th Dis- ure his in the short- appeal comes from This County. law, H. possible ineligible Robert est time under of El Paso trict Court member. Semon, against the suit himself as a plaintiff, filed further continue damages for the to recover the Association special jury issues found In answer to a expulsion wrongful alleged and malicious standing plaintiff good member was a association, al- membership was up that December he his and had been since leging that he was maliciously expelled; wrongfully and Association a a in the admission as member deprived of work- wrongfully he has been expul- standing until his good member profession- appearing ing in concerts and mali- sion; wrongfully and he was defendant; ally by that he since hearing, ciously expelled without notice pecuniary as a result had a loss sustained damages have claimed to pleaded and thereof, damages and were sum that his sustained. been Judgment fol- of five thousand dollars. accordingly, appeal lowed from which this answered Association The defendant prosecuted. expulsion man- a with denial plaintiff claimed, assumed and ner said points The defendant briefs two er- required members obligations all ror are that the erred which Court in over- by-laws par- and by the constitution its ruling motion for an instructed verdict Association, American Federation ent deny- case, plaintiff rested his when the United Musicians of States ing such a motion when all the evidence Canada, local Association. and of the was in. by- pleaded a Association authorities, saying Defendant cites no pro- parent Association which laws upon comparable it has found none facts. membership a should vided card of points to' sustain undertakes on applicant unless he 'be citizen an a issued proposition having applied however, States, provided, of the United membership and for admitted when was he applicant in to become order a non-citizen upon an a he alien declaration membership shall declare his eligible for maintain such good could becoming taking citizen intention of standing only his completing natural- papers, that a member first out period within the shortest ization of time complete accepted must his natural- thus permitted by law. As alien possible the shortest ization within file, law, he was not at declaration the time and that failure to membership was annulled in requirement December be cause with such shall for good standing, membership, member annulment unless the laws such legally provide was of the Federation otherwise. annulled. allegation provide as in the instant do not for predicates his Plaintiff giving notice, ground expulsion on the he such is essential wrongful opportu- given, and reasonable notice must be and an expelled without notice so *3 a failure to do so will it constitute the action nity We understand to be to he heard. unlawful, wrongful and and and rise plaintiff give was an alien will as true admitted to damages. a cause action for 5 declaration of inten- no had T.J. 133, 13; case, par. Taylor supra; C.J.S., by action the pending tion at the the 7 Associations, 25, taken, Notice, d(2), p. 61; was and like- 63 defendant Association § 685, 54; par. 471, par. given as true notice was wise admitted C.J. Am.Jur. purpose plaintiff any charges and or the It is said United Brotherhood v. Car intention defendant to annul the penters’ Local Tex.Civ.App., No. Union membership, opportunity nor an to be 559(8), loc.cit. the heard, only the and and that first notice general American rule is that courts had he thereof was a letter of that date only will as recognize valid such actions notifying membership him his had been under as taken Association’s laws are by provisions annulled virtue of the of the pursuance made, charges taken in no National Association referred to. above given had, tice say, and hearing a tois constitution, by writes law into the provision It will be noted that the provision presen laws and rules a for the perfect is that failure to the naturalization charges, tation of opportu notice specified the time “shall within be cause nity heard, to be and cites authorities. membership”. for annulment Annul undisputed apparent It is invalidate, ment means to abolish or Web record in this case that the Union under- Dictionary. ster’s New International The quasi judicial capacity took to act their by provision Association was author by vote present at a members plaintiff’s ized to abolish or invalidate meeting took formal action on the membership in the Association. His fail question presented gave to them 'and notice requirement to ure meet the did not termi taken, already of the action but as we have membership nate his but was but a ground summary noted the action without was n orcause for thereof, the termination charges, opportunity notice and an to be would be the violation of its rules Having heard. undertaken to act in such by and laws assumed him when he became capacity upon it was it incumbent it that a member. It was not It self-enforcing. law, having act accordance with required part action of the Associa unlawful, failed do so to the result was tion. It undertook to act and notified the authorities, supra. plaintiff of the it action had This taken. We it that it cannot take be determined was without notice and hearing. every of law as a matter case of natural- plaintiff We take it to be conceded be particular ization can determined in a property right time, period involved. pe- It is but that the shortest general membership vary rule that may a trade riod of time law property union carries with it rights, and according par- the circumstances in a is the such rule Texas. ticular case. Cotton Jammers’ Longshoremen’s & Taylor, Association v. conclude, therefore, We there was Tex.Civ.App. 56 S.W. Interna denying error committed mo- of the tional Printing Pressmen & Assistants’ verdict; points tions to instruct Union of North Smith, America v. 145 predicated taken, are well thereon 198 S.W.2d 729. that the should be affirmed. already As has been affirmed. noted the defendant Association gave no notice to the PRICE, Chief proceed against of the Justice. him for perfect citizenship, respectfully failure to I most dissent from dis- but the position summarily. opinion action was taken this made seems to everywhere, by-laws majority. be the rule though the tists, opinion supra. recited may prescribe If In such contract my the terms completion of naturalization on which regard in a union may gained, may defend- so it define the condi- in its nature. was contractual membership on tion ant, ac- which will its Polin entail loss. terminating Kaplan, comply the con- 257 N.Y. with 177 N.E. 833. count failure to membership, acted conditioning tract A somewhat extended examination of the ap- rights. admission within constitution of the American Federation condition- pellee was union of Musicians of the United States and Can- membership for al, right to revoke only ada discloses that it is cases of ex- the condition failure to pulsion provided that trials are *4 for. Now reserved. provision the of the constitution of the na- provides tional union for an annulment of pretense or faintest is not the There membership. It makes for a attempted appellee ever to contention that trial. An expulsion, annulment and an to the of his continued condition mind, my Implicit not thing. are the same Further membership in Association. the in the provision allowing a conditional more, opinion majority overlooks membership in the union to an alien is that due was accorded fact that expiration such alien is at the of the time appeal sought to process law. He an of eligible law to naturalization the order of the body from the national eligible when to papers. take out his first member organization annulling the local eligible papers If he is to take out his first right, given ship: He was accorded this States, the laws of the United of which we judg The opportunity be heard. to notice, take must confer the right to nat- parent body ment, appeal, went of party If uralization. ad- tentatively judgment It of na against him. is a mitted membership to is not entitled to nat- body that body the local rather than tional uralization then his admission be must deprived any right of of him void. Now Article 5 of the Constitution of opinion, appeal, my union. His provides the Local as follows: effect of or suspended the force and musicians, “All instrumental at least recognized Mr. Petrillo der the local. of years good hearing age, sixteen of moral previous that to this fact repute character or and who citi- are body he national addressed before the zens United States of America Brother”. “Dear to him as communication Canada, shall eligible member- body be to went national The hearing before according ship to the herein- manner appellee-plaintiff. or against provided by-laws. Appli- after in the local, der, de not the order of years age cants under sixteen must his condi privileges of prived him of all have the sanction of the International It is the union. un tional Executive Board.” comply with disputed plaintiff failed to of his of the continuation the condition However, appellee, if the local admitted membership. American De Mille v. See opinion probable writer it is Artists, 31 Cal.2d Federation Radio quoted provision of the National Asso- 7-69, authori 175 A.L.R. 187 P.2d govern. ciation would There would be no ties cited. requiring or reason in trial rt^me determine whether an alien, By-Laws eligible The Constitution both naturalization, completed seeking the National local union of same musicians possible contract with within the provided constitute a the members and “shortest binding plaintiff. persons All presumed on the were United law”. are to know Carpenters’ v. ap- the law of the United Brotherhood Local States. There pears Civ.App., (e. 178 S.W.2d 558 r.); testimony Smith the record of certain Pressmen, Printing etc., immigration regard International officials to the law A., Tex.Civ.App., N. might De United States. trial court American Federation Radio resort these Mille v. Ar- witnesses to ascertain the judicial law it 'bound to take of which was prove

’notice, tendency it has but relating to mat-

law the United States they mat- which testified. The

ters about governed

ters of are naturalization United

Constitution and Statutes of the advice

States. cannot said that the present immigration officials presented citizenship for

good for his therefrom. refraining reason permits judgment the trial court recovery appel- on a contract which the by his own terminated.

lee had breach opinion my

In should be

reversed and rendered favor of the' de-

fendant local union.

LARSON MISSOURI-KANSAS-TEXAS R. CO. TEXAS. OF

No. 10075. Appeals of Austin.

Court of Civil Texas. 17, 1952.

Dec.

Rehearing Denied Jan.