Legal Opinion

Allen v. Berrey

Texas Court of Appeals, 4th District (San Antonio)

Decided December 1, 1982No. 04-82-00132-CVPublishedCited by 21 opinions

1Opinion of the Court

OPINION

BASKIN, Justice.

This is a suit for declaratory judgment by an independent executor against the two devisees and legatees under a will for executor’s fees in excess of the amount specified by the will. A county court at law in Bexar County, sitting as a probate court, granted summary judgment to the devisees, and the independent executor appeals. The parties will be denominated as they were in the probate court.

Samuel W. Berrey died testate, leaving his entire estate to his wife, Mary Berrey, and to his sister, Jeanne Wilson. Paragraph V of decedent’s will provided:

I hereby constitute…

2Cases cited18 opinions

  1. Gulbenkian v. PennTexas Supreme Court · 1952
  2. Black Lake Pipe Line Co. v. Union Construction Co.Texas Supreme Court · 1976
  3. Woodard v. Southwest States, Inc.Texas Supreme Court · 1964
  4. Martin v. TrevinoCourt of Appeals of Texas · 1978
  5. Citizens First National Bank of Tyler v. Cinco Exploration Co.Texas Supreme Court · 1976

13 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. In re Porsche Cars North America, Inc.District Court, S.D. Ohio · 2012
  2. Bransom v. Standard Hardware, Inc.Court of Appeals of Texas · 1994
  3. Villarreal v. Grant Geophysical, Inc., Texas Court of Appeals, 4th District (San Antonio)2004
  4. LaChance v. HollenbeckCourt of Appeals of Texas · 1985
  5. RGS, Cardox Recovery, Inc. v. Dorchester Enhanced Recovery Co., Texas Court of Appeals, 13th District1985

16 more not listed; retrieve them via the Exa API.

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