Brady v. Nichols

Texas Supreme Court
Brady v. Nichols, 312 S.W.2d 381 (Tex. 1958)
158 Tex. 382; 1 Tex. Sup. Ct. J. 319; 1958 Tex. LEXIS 554
Per Curiam

Brady v. Nichols

Opinion

PER CURIAM:

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.

Reference

Full Case Name
Lady P. Brady, Individually and as Independent Executrix of the Estate of Frank T. Brady, Deceased, Et Al v. Gladys Nichols Et Al.
Cited By
8 cases
Status
Published