Joffrion v. Texas Bank of Tatum

BLEIL, Justice.

The Texas Bank of Tatum sued Dorothy Cancienne Joffrion, independent executrix of the estate of Olin Valery Joffrion, Sr., deceased, to recover the balance owing on a promissory note. Texas Bank prevailed in the trial court. In her appeal, the Executrix presents one key issue: whether a secured creditor who first forecloses upon the collateral securing an indebtedness may proceed against an independent administration for the deficiency owing after the foreclosure, or whether Tex.Prob.Code Ann. § 306 (Vernon 1980) applies to an independent executrix and serves as a bar to an…