The suit arose out of an estate sale wherein Bank purchased the decedent's home and truck. When Estate refused to tender the warranty deed to the home and title to the truck, Bank filed a complaint. Thereafter Bank filed a motion for summary judgment which the trial court granted. Estate now appeals arguing the trial court erred in so doing. The facts are not in dispute.
Bank is the holder of two promissory notes executed by the decedent.
An estate was opened and a representative appointed. Specifically, the representative sought leave to sell the minivan, the pickup truck, and the real estate. The petition was granted. Thereafter the trial court approved the representative's Report of Sale. Bank then sent a letter to the representative requesting a warranty deed to the real estate, title to the pickup truck, and proceeds from the sale of the minivan.