Russell v. Moeling

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 trial court denying allowance of the attorneys’ fees and expenses. However, the court of civil appeals reversed and remanded the cause to the district court, holding that the executrix is entitled to reasonable attorneys’ fees if findings are secured to the effect that she had attempted to probate the earlier will in good faith and with just cause. Tex.…