Lesikar v. Rappeport

ON MOTION FOR REHEARING

In her motion for rehearing, Mrs. Rappe-port contends, among other things, that we erred in reversing that portion of the judgment which awarded her attorney’s fees. She argues that the award was proper under Tex.PROB.Code Ann. § 149C(c) (Vernon 1980), and alternatively that Mrs. Lesikar did not raise on appeal any contention that the award was improper.

Section 149C(c) of the Texas Probate Code provides that:

An independent executor who defends an action for his removal in good faith, whether successful or not, shall be allowed out of the estate his necessary expenses…