[Back to Index]     [Back to 2003 Texas Case Summaries]

Estate Administration

Appeal

Supersedeas Bond

    In re Shore, 106 S.W.3d 817 (Tex. App.—Texarkana 2003, no pet. h.).

    Executor was dissatisfied with a county court order regarding the partition and distribution of the estate of which Executor was also a beneficiary.  The order did not award Executor all of the property to which he believed he was entitled.  Consequently, he appealed the judgment but neglected to file a supersedeas bond.  The other beneficiaries filed a motion to force Executor to comply with the order.  Executor then filed a mandamus proceeding to stop the judge from enforcing the order.

    The resolution of this case turned on the application of Prob. Code § 29 which dispenses with the appellate bond when an executor appeals a lower court decision unless the appeal personally concerns the executor.  The appellate court refused to issue mandamus because the appeal involved the amount of money Executor would personally obtain as a result of the final distribution of the estate.  Accordingly, bond was required.

    Moral:  An executor should file a supersedeas bond if the result of the appeal would impact the amount of estate property the executor will receive.

[Back to Index]     [Back to 2003 Texas Case Summaries]