Texas Commerce Bank National Ass'n v. Geary

I agree with the majority’s conclusion that the trial court erred in granting Geary’s motion for summary judgment. However, I do not agree with the majority that section 306 applies to independent administrations.1 Because I am convinced that the rule of Fischer v. Britton, 126 Tex. 605, 508-09, 83 S.W.2d 305, 306-07 (1935), survived the probate code, I dissent to that portion of the majority’s opinion that holds section 306 applies to independent administrations. As a consequence, I would sustain TCB’s fourth point of error.

BACKGROUND

Steven J. Corey, in his capacity as president of Incorsel…