Morse v. Fisher

PEDEN, Justice.

Venue matter. Mr. Fisher, as trustee under the will of his deceased wife, sued for permission to resign as trustee, for appointment of a substitute trustee and for other relief. The two beneficiaries of the trust are Mr. Fisher and Mrs. Morse, daughter of Mr. and Mrs. Fisher. Mrs. Morse, joined by her husband, brought a counterclaim against Mr. Fisher and joined as a party defendant the Aetna Casualty and Surety Co., surety on Mr. Fisher’s fidelity bond.

Aetna’s plea of privilege to remove the cause to Travis County, Texas, the county where the bond was filed, was not opposed by…