Miller v. Anderson

WALLACE, Justice.

This is an appeal from an order to pay attorney’s fees from the assets of an estate pursuant to Texas Probate Code Ann. § 243 (1974). The trial court ordered the fees paid. The court of appeals reversed the order of the trial court and rendered judgment that the attorney take nothing. 638 S.W.2d 55. We reverse the judgment of the court of appeals and affirm the judgment of the trial court.

Wesley Gene Anderson (Testator) executed a will in 1975 in which he created a trust for his two minor children and named J.C. Anderson as independent executor and trustee. The principal…