Pickett v. Republic National Bank of Dallas

Republic National Bank, trustee of the J. B. Stoddard and Claire Benz-Stoddard Trust, seeks restitution of funds mistakenly paid to the Estate of Claire Benz-Stoddard.

Republic moved for summary judgment. The Estate answered that under their fiduciary duties they had paid out all money received from Republic and should not be held accountable for Republic’s mistake. Summary judgment was rendered for Republic and the Court of Civil Appeals affirmed. 601 S.W.2d 405.

The Estate complains summary judgment was erroneous. It argues there was a fact issue whether the Estate and Testamentary Trusts…