Stiff v. Fort Worth National Bank

486 S.W.2d 859
CourtCourt of Appeals of Texas
DecidedOctober 27, 1972
Docket4546
StatusPublished
Cited by8 cases

This text of 486 S.W.2d 859 (Stiff v. Fort Worth National Bank) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stiff v. Fort Worth National Bank, 486 S.W.2d 859 (Tex. Ct. App. 1972).

Opinions

COLLINGS, Justice.

The plaintiff, The Fort Worth National Bank, Trustee, filed its original petition in this cause naming as defendants Jonisue Cogdell Stiff, William Munsey Cogdell and David Martin Cogdell, Jr., Independent Executors of the estate of D. M. Cogdell, and Marion P. Cogdell and Charlotte Cog-dell Etgen the primary beneficiaries of the trust, seeking an accounting and a construction of the will of D. M. Cogdell, deceased. The issues involving will construction were severed. Motions for summary judgment on the issues of will construction were filed by plaintiffs and defendants, and the court entered its order for summary judgment construing the will. The court found and the parties agree that the will is clear and unambiguous.

In substance, the only issue before this court is whether appellants are correct in [861]*861their contention that all of the residuary-bequests and devises should bear proportionately the debts, taxes and expenses of administration of the D. M. Cogdell Estate, and that this burden should not fall solely upon some of the residuary bequests and devises.

The Fort Worth National Bank, Trustee, Marion P. (Bill) Cogdell and Charlotte Et-gen filed motions requesting judgment that the trustee recover, as a matter of law, on behalf of each trust under the will of D. M. Cogdell, deceased, a one-tenth (lio) of the residuary estate of D. M. Cogdell, one-tenth (⅞0) of the income of the residuary estate of D. M. Cogdell free and clear of all debts, taxes and administrative expenses, interest at the rate of 10% per an-num from the date the trust should have received the royalties and mineral interest as alleged in the bank’s third amended original petition, and as principal, one-tenth (Jio) of the income attributable to that portion of the residuary estate awarded to Jonisue Cogdell Stiff, William Mun-sey Cogdell and David Martin Cogdell, Jr., other than that portion of the income used to pay debts, taxes and expenses properly chargeable as such.

William Munsey Cogdell and David Martin Cogdell, Jr., filed a motion requesting summary judgment that the one-tenth (%>) of the residuary estate of D. M. Cog-dell, and the income therefrom, bequeathed to each trust, bear its proportionate part of the debts, taxes and expenses of administration of the estate of D. M. Cogdell; that the four-fifths (4/s) of the residuary estate of D. M. Cogdell, and the income therefrom bequeathed to David Martin Cog-dell, Jr., William Munsey Cogdell and Joni-sue Cogdell Stiff, bear its proportionate part of the debts, taxes and expenses of administration of such estate, and that the property specifically devised in paragraph 3 of the will, together with the income therefrom, not be charged with debts, taxes and expenses of administration, save and except state inheritance taxes properly chargeable thereto, ad valorem taxes, ordinary repairs and other expenses connected with the management and operation of said properties during administration. Appellant, Jonisue Cogdell Stiff, filed a reply to the motions for summary judgment filed by The Fort Worth National Bank, Trustee, Bill P. Cogdell and Charlotte Cogdell Etgen, requesting that such motions for summary judgment be denied.

Hearing was had on all of such motions and replies. Pursuant to which hearing the court rendered its summary judgment order. We have examined the judgment and find the appellants’ summary of the judgment to be correct:

(1) Under the will of D. M. Cogdell, the Marion P. Cogdell Trust and Charlotte Cogdell Etgen Trust each was devised and bequeated a ⅛0 interest in the residuary estate of D. M. Cogdell, deceased;
(2) Under the will of D. M. Cogdell, David Martin Cogdell, Jr., William Munsey Cogdell and Jonisue Cogdell Stiff were each devised and bequeathed ⅛ of ¾0 of the residuary estate of D. M. Cogdell, deceased;
(3) Under the will of D. M. Cogdell, all of the corpus of the estate is subject to proportionate payment of debts, estate and inheritance taxes, and expenses of administration;
(4) In addition to their rights in the residuary estate, each trust was bequeathed the right to receive from the date of the death of D. M. Cogdell Jio of the income from all royalty and mineral interests owned by D. M. Cogdell, free and clear of all debts, estate and inheritance taxes, and expenses of administration;
(5) All debts, estate and inheritance taxes and expenses of administration of the Estate of D. M. Cogdell, deceased, are to be paid by:
a. The remaining of %o of the income received from the date of D. M. Cog-dell’s death from all royalty and mineral interests, to the extent such in[862]*862come has been actually applied by the Executors toward same;
b. All income from all properties not specifically devised, other than royalty and mineral interests, to the extent such income has been actually applied by the Executors toward same;
c. All property owned by D. M. Cog-dell at his death not subject to a specific devise or bequest.
(6) The trusts are not entitled to receive interest for the period during which their enjoyment of the income payable to them was postponed;
(7) The Executors may deduct from the royalty and mineral income due each trust an amount equal to ¼o of the United States income taxes paid by the Executors on income received by the estate since the date of death;
(8) The accounting of the majority Executors is to be restated to allocate to each trust Vio of all royalty and mineral income received from the date of D. M. Cogdell’s death, free and clear of debts, estate and inheritance taxes and expenses of administration, charging each trust with ½0 of the United States income taxes paid by the Executors on the estate income received during administration;
(9) William Munsey Cogdell, David Martin Cogdell, Jr., and Jonisue Cogdell Stiff are respectively entitled to receive income from the date of D. M. Cogdell’s death attributable to the properties specifically devised or bequeathed to them in paragraph 3 of his will, free and clear of all debts, estate and inheritance taxes and expenses of administration (except for those expenses incurred in maintenance and operation of the specifically devised properties); and
(10) The accounting of the majority Executors is to be restated to allocate to each such specific devisee under paragraph 3 the income received attributable to properties specifically devised or bequeathed to each of them respectively.

The only evidence before the trial court and before this Court is the will of D. M. Cogdell, deceased. The order from which appeal is taken states that the court finds the will to be clear and unambiguous as construed from its four corners. No affidavits, depositions or other evidence was offered at the summary judgment hearing (other than the affidavit of Bruce Petty, which simply stated the fact of the death of D. M. Cogdell, that his will was admitted to probate and that a true and correct copy is attached as an exhibit to the motion for partial summary judgment of The Fort Worth National Bank, Trustee).

Two propositions appear to be clear concerning interpretation of wills in this respect.

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Related

Johnson v. McLaughlin
840 S.W.2d 668 (Court of Appeals of Texas, 1992)
Estate of Warren v. Commissioner
93 T.C. No. 57 (U.S. Tax Court, 1989)
Hurt v. Smith
744 S.W.2d 1 (Texas Supreme Court, 1987)
Cogdell v. Fort Worth National Bank
544 S.W.2d 825 (Court of Appeals of Texas, 1976)
In re the Estate of Cogdell
544 S.W.2d 830 (Court of Appeals of Texas, 1976)
Stiff v. Fort Worth National Bank
486 S.W.2d 859 (Court of Appeals of Texas, 1972)

Cite This Page — Counsel Stack

Bluebook (online)
486 S.W.2d 859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stiff-v-fort-worth-national-bank-texapp-1972.