In Re Estate of Roots

REYNOLDS, Chief Justice.

The trial court rendered summary judgment admitting a last will and testament to probate and decreeing that letters testamentary be issued to the appointed independent executors, one of whom is a bank. This limited appeal addresses the sole question whether summary judgment proof that the bank intends to charge an exorbitant and unconscionable fee presents an unresolved issue of fact as to the qualification of the bank to serve as co-executor, thereby precluding summary judgment. We determine that as a matter of law, proof of an intent to charge excessive compensation…