Foshee v. Republic National Bank of Dallas

MOORE, Justice.

This is an appeal from a summary judgment. Appellee, Republic National Bank of Dallas (Republic), brought this suit to enforce a $40,000 testamentary bequest made by Bernice Schlosberg to the Hillcrest Mausoleum Special Gifts Trust Fund, of which Republic National Bank is the trustee. The suit was brought against appellants, Clinton and Mary Foshee, the co-independent executors of Mrs. Schlosberg’s will, because of appellants’ refusal to pay the bequest. Appellants answered and claimed that such bequest, as well as the Hillcrest Mausoleum Special Gifts Trust Fund, is…