(a late physician’s father was named as the beneficiary of his daughter’s $300,000 life insurance policy, even though that policy was also pledged as collateral for a business loan; after the daughter’s death, the father failed in his effort to force the bank to recover its lien from other pledged assets; the father then filed a claim against the estate to impose a claim on the estate assets as a claim in subrogation of the banks’ rights; the father settled his claim with the estate through an agreed judgment making him an unsecured creditor of the estate; years later, when the estate was insolvent and he had collected nothing, the father filed an action against the estate’s executrix, alleging that she breached fiduciary, statutory, and common law duties owed to him; in granting summary judgment to the executrix, the court ruled that she did not, under Texas law, owe a duty of care to the father, who was merely an unsecured creditor; any fiduciary duty was owed to the heirs and legatees, not to the creditors of the estate).