BANK ONE, TEXAS v. IKARD

No. 3-93-498-CV.

885 S.W.2d 183 (1994)

BANK ONE, TEXAS, Appellant, v. Frank N. IKARD, Jr., Attorney Ad Litem for the Unknown and Ascertained Heirs of Anna R. Field, Deceased, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled November 16, 1994.


Attorney(s) appearing for the Case

Hugh Lowe, Osborne, Lowe, Helman & Smith, L.L.P., Austin, for appellant.

Frank N. Ikard, Jr., Ikard & Golden, P.C., Austin, for appellee.

Before CARROLL, C.J., and KIDD and B.A. SMITH, JJ.


CARROLL, Chief Justice.

We must decide whether the Boren amendment applies to the will of a testator who executed his will before the amendment was enacted, but died after the amendment became effective. See Tex.Prob.Code Ann. § 59(b) (West Supp.1994) ("Probate Code"). The trial court below denied probate of the will, finding that the amendment did not apply and granting summary judgment on this ground. We will reverse the portion of the trial court...

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