OPINION
BUTTS, Justice.
Thomas Walker Epperson, independent executor of the estate of Jane Greer Epperson, deceased has appealed from only that part of the judgment in this case which denies recovery of attorney's fees in the sum of sixty thousand dollars ($60,000) as a surcharge against the trustee, James Leo Greer, Jr., appellee, in his individual capacity as independent executor and substitute trustee under the will and of the estate of Ida J. Greer,...
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