Humane Society of Austin & Travis County v. Austin National Bank

STEPHENSON, Justice.

This is an appeal from an order of the Probate Court allowing certain claims by the Executor of the Estate of Mary May-field Gutsch, deceased. Such claims included $40,000 for the Bank’s commissions, and attorneys’ fees and expenses incurred in the appellate procedure of the will contest. The parties will be referred to here as the Bank and the Humane Society.

Mrs. Gutsch died in October, 1971, leaving a holographic will naming the Bank as Executor and making several specific bequests with the remainder to the Humane Society. Such will was admitted to probate and letters…