Schulte v. Marik

OPINION

UTTER, Justice.

This is an appeal from a judgment in a will contest admitting the will and a codicil to probate and awarding attorney’s fees to appellee to be paid out of the estate. Neither party contests the trial court’s judgment admitting the will or codicil to probate. We reverse that portion of the trial court’s judgment awarding appellee attorney’s fees.

The only issue before us is whether Section 243 of the TEX.PROBATE CODE1 authorizes the recovery of attorney’s fees from the estate by appellee, an “alternate or successor” independent executor, for “his necessary expenses”…