Texas Commerce Bank-Austin, N.A. v. Estate of Cox

The opinion and judgment of this Court dated October 25, 1989, are withdrawn and the following substituted therefor.

Appellant, Texas Commerce Bank-Austin, N.A., appeals from an order of the probate court of Travis County denying the Bank’s demand for accounting. We will reverse the probate court’s order and remand the cause to that court for entry of an order requiring accounting.

On January 28, 1985, George A. Cox executed a promissory note in favor of the Bank in the original principal amount of $2,627,259. The note was secured by a deed of trust and security agreement covering certain real…