Finkel v. Texas-Edwards, Inc.

HEARD, Judge.

Bernard A. Finkel, as trustee under the will of Julia Levy, instituted suit against Texas-Edwards, Inc. for damages allegedly sustained by him by a breach of an agreement entered into between decedent, Julia Levy, and defendant, Texas-Edwards, Inc. An answer was filed to Finkel’s petition, and on the day set for trial, defendant filed a peremptory exception of no cause or right of action based upon the argument that Finkel appears as trustee under the will of Julia Levy in order to assert rights which it is alleged exist by virtue of a written agreement between Julia Levy and…