HUMANE SOC. OF AUSTIN & TRAVIS CTY. v. AUSTIN NAT. BK.

No. 7640.

517 S.W.2d 323 (1974)

HUMANE SOCIETY OF AUSTIN AND TRAVIS COUNTY, Appellant, v. AUSTIN NATIONAL BANK, Executor of Estate of Mary M. Gutsch, Deceased, Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied December 19, 1974.


Attorney(s) appearing for the Case

Jack F. Cook, Jr., Austin, for appellant.

James P. Hart, Austin, for appellee.


STEPHENSON, Justice.

This is an appeal from an order of the Probate Court allowing certain claims by the Executor of the Estate of Mary Mayfield Gutsch, deceased. Such claims included $40,000 for the Bank's commissions, and attorneys' fees and expenses incurred in the appellate procedure of the will contest. The parties will be referred to here as the Bank and the Humane Society.

Mrs. Gutsch died in October, 1971, leaving a holographic will naming the Bank...

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