Legal Opinion · Dissent
Steele v. McDonald
Court of Appeals of Texas
Decided October 18, 2006No. 10-05-00266-CVPublished
1Dissent
TOM GRAY, Chief Justice,
Memorandum dissenting opinion to Order.
An independent executor can do anything the decedent could do if he was still alive, unless there is some limitation upon the independent executor’s powers at the time of the appointment.1 See generally cases cited in Kanz v. Hood, 17 S.W.3d 311, 316-317 (Tex.App.-Waco 2000, pet. denied) (Gray, C.J., dissenting). I would include in that expansive statement of authorized acts the ability to appear on behalf of the estate and act as the decedent could with regard to being the litigant in a judicial proceeding. Today’s holding to the…