Bank One Texas, N.A. v. Ameritrust Texas, N.A.

OPINION

BARBER, Justice.

Ameritrust Texas sought to probate a will. It moved for declaratory judgment that it was the proper executor of the will under the Texas Substitute Fiduciary Act (the Act). Bank One answered and counterclaimed for declaratory judgment that it was the proper executor. Both parties moved for summary judgment. The probate court granted Ameritrust’s motion for summary judgment and denied Bank One’s motion for summary judgment. Bank One appeals. We affirm the probate court’s judgment.

SUMMARY OF FACTS

Testator Mussler, by his will dated March 25, 1986, appointed MBank Dallas,…