ALLEN v. BERREY

No. 04-82-00132-CV.

645 S.W.2d 550 (1982)

Robert D. ALLEN, Independent Executor of Samuel W. Berrey, Deceased, Appellant, v. Mary J. BERREY and Jeanne Marie Wilson, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Denied January 12, 1983.


Attorney(s) appearing for the Case

Michael Woods Wagner, San Antonio, for appellant.

Lawrence Linnartz and William Gremillion, San Antonio, for appellees.

Before CLARK, CANTU and BASKIN, JJ.


OPINION

BASKIN, Justice.

This is a suit for declaratory judgment by an independent executor against the two devisees and legatees under a will for executor's fees in excess of the amount specified by the will. A county court at law in Bexar County, sitting as a probate court, granted summary judgment to the devisees, and the independent executor appeals. The parties will be denominated as they were in the probate court.

Samuel W. Berrey died testate...

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