WARREN v. SMITH

No. 20700.

620 S.W.2d 725 (1981)

Marie WARREN, Appellant, v. Don SMITH, Independent Executor of the Estate of Johnnie Belle Cox, Deceased, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied August 6, 1981.


Attorney(s) appearing for the Case

Charles M. Wilson, III, Carter, Jones, Magee, Rudberg, Moss & Mayes, Dallas, for appellant.

Richard E. Roberts, Coke & Coke, Dallas, for appellee.

Before ROBERTSON, STOREY and STEPHENS, JJ.


STOREY, Justice.

This is a will construction case. The appeal is from a summary judgment granted the independent executor on the ground that, as a matter of law, the decedent's will required debts, taxes, and expenses of administration against the estate to be paid proportionally by the beneficiaries, rather than from the residuary estate. We have concluded that the provisions of the will exhibit no clear intent to burden the specific devise here at issue with charges...

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