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DYER v. ECKOLS

No. A14-90-0010-CV.

808 S.W.2d 531 (1991)

Roland Edward DYER, Individually and as Administrator of the Estate of Lois Adams Dyer, Deceased, Appellant, v. Shelby ECKOLS, Individually and as Independent Executor of the Estate of Cleveland White Croom, Jr., Deceased, Sara McElhannon Croom, Mariann C. Reynolds, Harold L. Reynolds, Barbara Terry Hall, John A. Croom, Jr., Clarence Eckols and Edith Eckols, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied May 9, 1991.

Attorney(s) appearing for the Case

T. Turner Pope, III, Simon W. Hendershot, III, Houston, for appellant.

Michael J. Cenatiempo, Dalia B. Stokes, Sharon Brand Gardner, Linda L. Kelly, Rhonda R. Chandler, W.D. Bonham, Houston, for appellees.

Before J. CURTISS BROWN, C.J., and JUNELL and MURPHY, JJ.

ON MOTION FOR REHEARING

MURPHY, Justice.

This is a case of first impression in Texas. The issue is whether the beneficiary of a will can effectively disclaim her inheritance pursuant to § 37A of the Texas Probate Code although disclaiming would defeat the rights of a judgment creditor.

Appellant, Roland Edward Dyer, alleges that appellees conspired to defraud him of the ability to satisfy a default judgment of $1.08 million rendered against...

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