Dyer v. Eckols

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 appellee Sara M. Croom after Croom’s car crashed into an automobile driven by Dyer’s mother, causing Mrs. Dyer to burn to death. Prior to being served with…