In Re Estate of Touring

OPINION

DRAUGHN, Justice.

This case involves questions of law concerning the constitutionality and implementation of the so-called Substitute Fiduciary Act (“the Act”), Tex.Rev.Civ.Stat.Ann. art. 548h (Vernon Supp.1989). Appellant *41MTrust Corp, N.A. applied for revised letters testamentary for the Estate of Roscoe Manville Touring, Deceased, after having been substituted as the estate’s co-executor under the Substitute Fiduciary Act. The judge of Harris County Probate Court No. 1 denied appellant’s application for letters testamentary, holding that the Substitute Fiduciary Act was…