Herbst v. Sheppard

OPINION

Opinion by

Justice RODRIGUEZ.

B.J. Herbst (“B.J.”) and Mary Herbst Gabrelcik (“Mary”) (collectively referred to as “the Herbsts”) brought suit against the estate of their brother, Monsignor Henry S. Herbst (“Father Herbst”), seeking compensation for care they provided Father Herbst during the last years of his life. The Herbsts presented a sworn claim for $189,635 to Frank Sheppard, independent executor of Father Herbst’s estate, which he denied. They then brought suit in the county court where the administration of Father Herbst’s estate was pending asserting theories of breach of…