West Texas Rehabilitation Center v. Allen

KIDD, Justice.

This is a will construction case. Appel-lees brought a suit for a declaratory judgment construing the will of Golda Mae Allen. The appellees, beneficiaries under the residuary clause of the will, sought a declaration that the independent executor of Allen’s estate made an improper and excessive distribution of the estate to West Texas Rehabilitation Center (“WTRC”). The probate court granted appellees’ motion for summary judgment and declared that, under the terms of the will, the independent executor improperly distributed $120,871.20 to WTRC. WTRC appeals the summary-judgment…