Humane Society of Austin & Travis County v. Austin National Bank

DOUGHTY, Justice.

This is a case in which petitioner, the Humane Society of Austin and Travis County, is challenging commissions and attorneys’ fees claimed by Austin National Bank as dependent executor of the estate of Mary Mayfield Gutsch, deceased. The probate court allowed the claims as submitted and disallowed all offsets claimed by the Humane Society, and the Court of Civil Appeals affirmed. Tex.Civ.App., 517 S.W.2d 323.

By its first three points of error the Humane Society contends that the Bank was guilty of self-dealing in investing the estate’s funds in its own certificates of deposit…