Lenk v. Jefferson State Bank

MEMORANDUM OPINION

Opinion by:

KAREN ANGELINI, Justice.

This is an appeal from an order granting Jefferson State Bank’s motion for summary judgment and denying the motion for summary judgment filed by the admin-istratrix of the Estate of Mickey Carl Marcus, Christa C. Lenk (“Lenk”). We reverse the trial court’s order and remand for further proceedings consistent with this opinion.

BACKGROUND

On March 7, 2000, Mickey Carl Marcus died leaving $22,863.68 in an account at Jefferson State Bank. In April 2000, Mel-vyn Morris Spillman, a former Bexar County clerk, presented false Letters of…