IN RE ESTATE OF ROOTS

No. 9098.

596 S.W.2d 240 (1980)

In re ESTATE OF George T. ROOTS, Deceased.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied March 26, 1980.


Attorney(s) appearing for the Case

Culton, Morgan, Britain & White, L. A. White, Amarillo, for appellant.

Gibson, Ochsner & Adkins, Sterling E. Kinney, Amarillo, for appellee.


REYNOLDS, Chief Justice.

The trial court rendered summary judgment admitting a last will and testament to probate and decreeing that letters testamentary be issued to the appointed independent executors, one of whom is a bank. This limited appeal addresses the sole question whether summary judgment proof that the bank intends to charge an exorbitant and unconscionable fee presents an unresolved issue of fact as to the qualification of the bank to serve as co-executor...

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