Brady v. Nichols
This text of 312 S.W.2d 381 (Brady v. Nichols) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The opinion of the Court of Civil Appeals in this case is reported at 308 S.W. 2d 100. There are four applications for writs of error, one by Lady P. Brady, Individually and as Independent Executrix, one by Gladys Nichols, one by Cuida Kendrick, and one by E. G. Uhl. The applications of Nichols, Kendrick and Uhl are refused, no reversible error. The application of Lady P. Brady presents one point in which we differ with the opinion of the Court of Civil Appeals. In so far as that opinion holds that the real estate located in Houston is entitled to exoneration pro rata by the property which is covered by specific gifts, it is in conflict with the holding of this court in Currie v. Scott, 144 Texas 1, 187 S.W. 2d 551. In that respect *383 the judgment of the Court of Civil Appeals is reversed, and reformed so as to decree that the Houston property, which is encumbered by specific liens, is not entitled to exoneration by other property specifically devised or bequeathed, thereby following Currie v. Scott, supra. As reformed, the judgment of the Court of Civil Appeals is affirmed. Rule 483, Texas Rules of Civil Procedure.
Opinion delivered March 26, 1958.
Behearing overruled April 30, 1958.
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Cite This Page — Counsel Stack
312 S.W.2d 381, 158 Tex. 382, 1 Tex. Sup. Ct. J. 319, 1958 Tex. LEXIS 554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brady-v-nichols-tex-1958.