Russell v. Moeling

526 S.W.2d 533 (1975)

Claude W. RUSSELL, Administrator, Petitioner,

v.

Branch R. MOELING, Respondent.

No. B-5129.

Supreme Court of Texas.

July 16, 1975.

Rehearing Denied September 24, 1975.

Lane, Savage, Counts & Winn, Edward B. Winn and G. Ward Beaudry, Dallas, for petitioner.

Carter, Jones, Magee, Rudberg, Moss & Mayes, John E. Agnew, Dallas, for respondent.

DENTON, Justice.

A named executrix under a decedent's prior will, brought this suit to collect attorneys' fees and expenses, following an unsuccessful contest of the probate of the decedent's later will. A summary judgment was rendered by the…